SB2946 Engrossed

LRB093 19269 LCB 45004 b






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    AN ACT concerning civil rights. 

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

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



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    (740 ILCS 23/5)


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    Sec. 5. Discrimination prohibited. 

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


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

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


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

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origin.

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    (b) Any party aggrieved by conduct that violates subsection 
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(a) may bring a
civil lawsuit, in a federal district court or 
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State circuit court, against the offending unit of
government. 
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Any State claim brought in federal district court shall be a 
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supplemental claim to a federal claim. This lawsuit must be 
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brought not later than 2 years after the
violation of 
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subsection (a). If the court finds that a violation of 
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paragraph
(1) or (2) of subsection (a) has occurred,  the court 
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may award to the plaintiff
actual and punitive damages and if 
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the court finds that a violation of
paragraph (2) of subsection 
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(a) has occurred, the court may award to the
plaintiff actual 
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damages. The court, as it deems appropriate, may grant as

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relief any permanent or preliminary negative or mandatory 
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injunction, temporary restraining order, or
other order, 
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including an order enjoining the defendant from engaging in the

 


 






SB2946 Engrossed
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LRB093 19269 LCB 45004 b




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violation of subsection (a) or mandating affirmative action.

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


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        (1) pursuant to subsection (b); or


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

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

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


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


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


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

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(Source: P.A. 93-425, eff. 1-1-04.)