Bill Text: IL HB4409 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Alienation of Affections Act. Makes a technical change in a Section concerning public policy.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4409 Detail]

Download: Illinois-2011-HB4409-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4409 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
740 ILCS 5/1 from Ch. 40, par. 1901
Amends the Alienation of Affections Act. Makes a technical change in a Section concerning public policy.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alienation of Affections Act is amended by
changing Section 1 as follows:
(740 ILCS 5/1) (from Ch. 40, par. 1901)
Sec. 1. It is hereby declared, as a matter of legislative
determination, that that the remedy heretofore provided by law
for the enforcement of the action for alienation of affections
has been subjected to grave abuses and has been used as an
instrument for blackmail by unscrupulous persons for their
unjust enrichment, due to the indefiniteness of the damages
recoverable in such actions and the consequent fear of persons
threatened with such actions that exorbitant damages might be
assessed against them. It is also hereby declared that the
award of monetary damages in such actions is ineffective as a
recompense for genuine mental or emotional distress.
Accordingly, it is hereby declared as the public policy of the
state that the best interests of the people of the state will
be served by limiting the damages recoverable in such actions
and by leaving any punishment of wrongdoers guilty of
alienation of affections to proceedings under the criminal laws
of the state, rather than to the imposition of punitive,

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exemplary, vindictive, or aggravated damages in actions for
alienation of affections. Consequently, in the public
interest, the necessity for the enactment of this chapter is
hereby declared as a matter of legislative determination.
(Source: Laws 1947, p. 796.)