98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2402
 
Introduced , by Rep. Barbara Flynn Currie
 
SYNOPSIS AS INTRODUCED:
 
  
740 ILCS 23/5

    Amends the Illinois Civil Rights Act of 2003.  Makes a technical change in a
Section concerning the prohibition of discrimination by units of State, county,
or local government.



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A BILL FOR
 


HB2402LRB098 08334 HEP 38439 b



1    AN ACT concerning civil law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Illinois Civil Rights Act of 2003 is amended 
5by changing Section 5 as follows:
 



6    (740 ILCS 23/5)


7    Sec. 5. Discrimination prohibited. 

8    (a) No unit of State, county, or local government in 
9Illinois shall:


10        (1) exclude a person from participation in, deny a 
11    person the
the benefits of,
or subject a person to 
12    discrimination under any program or activity on the
grounds

13    of that person's race, color, national origin, or gender; 
14    or

15        (2) utilize criteria or methods of administration that 
16    have the effect of
subjecting individuals to 
17    discrimination because of their race, color,
national

18    origin, or gender.

19    (b) Any party aggrieved by conduct that violates subsection 
20(a) may bring a
civil lawsuit, in a federal district court or 
21State circuit court, against the offending unit of
government. 
22Any State claim brought in federal district court shall be a 
23supplemental claim to a federal claim. This lawsuit must be 
 
 
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1brought not later than 2 years after the
violation of 
2subsection (a). If the court finds that a violation of 
3paragraph
(1) or (2) of subsection (a) has occurred,  the court 
4may award to the plaintiff
actual damages. The court, as it 
5deems appropriate, may grant as
relief any permanent or 
6preliminary negative or mandatory injunction, temporary 
7restraining order, or
other order.

8    (c) Upon motion, a court shall award reasonable attorneys' 
9fees and costs,
including expert witness fees and other 
10litigation expenses, to a plaintiff who
is a prevailing party 
11in any action brought:


12        (1) pursuant to subsection (b); or


13        (2) to enforce a right arising under the Illinois 
14    Constitution.

15    In awarding reasonable attorneys' fees, the court shall 
16consider the degree
to which the relief obtained relates to the 
17relief sought.

18    (d) For the purpose of this Act, the term "prevailing 
19party" includes any
party:


20        (1) who obtains some of his or her requested relief 
21    through a judicial
judgment in his or her favor;


22        (2) who obtains some of his or her requested relief 
23    through any settlement
agreement approved by the court; or


24        (3) whose pursuit of a non-frivolous claim was a 
25    catalyst for a unilateral
change in position by the 
26    opposing party relative to the relief sought.

 
 
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1(Source: P.A. 95-541, eff. 1-1-08.)