Sen. Michael Noland
Filed: 4/11/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1865




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    AMENDMENT NO. ______. Amend Senate Bill 1865, AS AMENDED, 
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by replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Parental Responsibility Law is amended  by 
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changing Sections 3 and 5 as follows:
 



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    (740 ILCS 115/3)  (from Ch. 70, par. 53)



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    Sec. 3. Liability. The parent or legal guardian of an 
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unemancipated minor who resides with
such parent or legal 
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guardian is liable for actual damages for the wilful
or 
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malicious acts of such minor which cause injury to a person or 
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property,
including damages caused by a minor who has been 
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adjudicated a delinquent for
violating
Section 21-1.3 of the 
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Criminal Code of 1961.
Reasonable attorney's fees may be 
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awarded to any a plaintiff that is not a
governmental unit in 
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any action under this Act. If the plaintiff is a governmental 
 


 






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unit, reasonable attorney's fees may be awarded up to $15,000. 

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    The changes to this Section made by this amendatory Act of 
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the 95th General Assembly apply to causes of action accruing on 
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or after its effective date. 
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(Source: P.A. 90-311, eff. 1-1-98.)

 



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    (740 ILCS 115/5)  (from Ch. 70, par. 55)



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    Sec. 5. Limitation on damages; damages allowable. 
No 
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recovery under
this Act may exceed $20,000 actual damages for 
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each
person, or legal entity as provided in Section 4 of this 
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Act, for the first act or each
occurrence of such wilful or 
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malicious acts by the minor causing injury,
and $30,000 if a 
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pattern or practice of wilful or malicious acts by a minor 
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exists for a separate act or occurrence, in addition to taxable 
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court costs and attorney's fees. In determining the
damages to 
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be
allowed in an action under this Act for personal injury, 
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only medical,
dental and hospital expenses and expenses for 
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treatment by Christian Science
practitioners and nursing care 
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appropriate thereto may be considered.

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    The changes to this Section made by this amendatory Act of 
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the 95th General Assembly apply to causes of action accruing on 
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or after its effective date. 
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(Source: P.A. 94-130, eff. 7-7-05.)".