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| Public Act 097-1032
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| SB3677 Enrolled | LRB097 15867 AJO 61533 b |
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AN ACT concerning human 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 Human Rights Act is amended by |
changing Section 10-104 as follows:
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(775 ILCS 5/10-104) |
Sec. 10-104. Circuit Court Actions by the Illinois Attorney |
General. |
(A) Standing, venue, limitations on actions, preliminary |
investigations, notice, and Assurance of Voluntary Compliance. |
(1) Whenever the Illinois Attorney General has |
reasonable cause to believe that any person or group of |
persons is engaged in a pattern and practice of |
discrimination prohibited by this Act, the Illinois |
Attorney General may commence a civil action in the name of |
the People of the State, as parens patriae on behalf of |
persons within the State to enforce the provisions of this |
Act in any appropriate circuit court. Venue for this civil |
action shall be determined under paragraph (6) of |
subsection (C) of Section 8-111(B)(6). Such actions shall |
be commenced no later than 2 years after the occurrence or |
the termination of an alleged civil rights violation or the |
breach of a conciliation agreement or Assurance of |
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Voluntary Compliance entered into under this Act, |
whichever occurs last, to obtain relief with respect to the |
alleged civil rights violation or breach. |
(2) Prior to initiating a civil action, the Attorney |
General shall conduct a preliminary investigation to |
determine whether there is reasonable cause to believe that |
any person or group of persons is engaged in a pattern and |
practice of discrimination declared unlawful by this Act |
and whether the dispute can be resolved without litigation. |
In conducting this investigation, the Attorney General |
may: |
(a) require the individual or entity to file a |
statement or report in writing under oath or otherwise, |
as to all information the Attorney General may consider |
necessary; |
(b) examine under oath any person alleged to have |
participated in or with knowledge of the alleged |
pattern and practice violation; or |
(c) issue subpoenas or conduct hearings in aid of |
any investigation. |
(3) Service by the Attorney General of any notice |
requiring a person to file a statement or report, or of a |
subpoena upon any person, shall be made: |
(a) personally by delivery of a duly executed copy |
thereof to the person to be served or, if a person is |
not a natural person, in the manner provided in the |
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Code of Civil Procedure when a complaint is filed; or |
(b) by mailing by certified mail a duly executed |
copy thereof to the person to be served at his or her |
last known abode or principal place of business within |
this State. |
(4) In lieu of a civil action, the individual or entity |
alleged to have engaged in a pattern or practice of |
discrimination deemed violative of this Act may enter into |
an Assurance of Voluntary Compliance with respect to the |
alleged pattern or practice violation. |
(5) The Illinois Attorney General may commence a civil |
action under this subsection (A) whether or not a charge |
has been filed under Sections 7A-102 or 7B-102 and without |
regard to the status of any charge, however, if the |
Department or local agency has obtained a conciliation or |
settlement agreement or if the parties have entered into an |
Assurance of Voluntary Compliance no action may be filed |
under this subsection (A) with respect to the alleged civil |
rights violation practice that forms the basis for the |
complaint except for the purpose of enforcing the terms of |
the conciliation or settlement agreement or the terms of |
the Assurance of Voluntary Compliance. |
(6) Subpoenas. |
(a) Petition for enforcement. Whenever any person |
fails to comply with any subpoena issued under |
paragraph (2) of this subsection (A), or whenever |
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satisfactory copying or reproduction of any material |
requested in an investigation cannot be done and the |
person refuses to surrender the material, the Attorney |
General may file in any appropriate circuit court, and |
serve upon the person, a petition for a court order for |
the enforcement of the subpoena or other request. Venue |
for this enforcement action shall be determined under |
paragraph (C)(6) of Section 8-111. |
(b) Petition to modify or set aside a subpoena. |
(i) Any person who has received a subpoena |
issued under paragraph (2) of this subsection (A) |
may file in the appropriate circuit court, and |
serve upon the Attorney General, a petition for a |
court order to modify or set aside the subpoena or |
other request. The petition must be filed either |
(I) within 20 days after the date of service of the |
subpoena or at any time before the return date |
specified in the subpoena, whichever date is |
earlier, or (II) within such longer period as may |
be prescribed in writing by the Attorney General. |
(ii) The petition shall specify each ground |
upon which the petitioner relies in seeking relief |
under subdivision (i) and may be based upon any |
failure of the subpoena to comply with the |
provisions of this Section or upon any |
constitutional or other legal right or privilege |
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of the petitioner. During the pendency of the |
petition in the court, the court may stay, as it |
deems proper, the running of the time allowed for |
compliance with the subpoena or other request, in |
whole or in part, except that the petitioner shall |
comply with any portion of the subpoena or other |
request not sought to be modified or set aside. |
(c) Jurisdiction. Whenever any petition is filed |
in any circuit court under this paragraph (6), the |
court shall have jurisdiction to hear and determine the |
matter so presented and to enter such orders as may be |
required to carry out the provisions of this Section. |
Any final order so entered shall be subject to appeal |
in the same manner as appeals of other final orders in |
civil matters. Any disobedience of any final order |
entered under this paragraph (6) by any court shall be |
punished as a contempt of the court. If any person |
fails or refuses to file any statement or report, or |
obey any subpoena, issued pursuant to subdivision |
(A)(2) of this Section, the Attorney General will be |
deemed to have met the requirement of conducting a |
preliminary investigation and may proceed to initiate |
a civil action pursuant to subdivision (A)(1) of this |
Section. |
(B) Relief which may be granted. |
(1) In any civil action brought pursuant to subsection |
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(A) of this Section, the Attorney General may obtain as a |
remedy, equitable relief (including any permanent or |
preliminary injunction, temporary restraining order, or |
other order, including an order enjoining the defendant |
from engaging in such civil rights violation or ordering |
any action as may be appropriate). In addition, the |
Attorney General may request and the Court may impose a |
civil penalty to vindicate the public interest: |
(a) for violations of Article 3 and Article 4 in an |
amount not exceeding $25,000 per violation, and in the |
case of violations of all other Articles in an amount |
not exceeding $10,000 if the defendant has not been |
adjudged to have committed any prior civil rights |
violations under the provision of the Act that is the |
basis of the complaint; |
(b) for violations of Article 3 and Article 4 in an |
amount not exceeding $50,000 per violation, and in the |
case of violations of all other Articles in an amount |
not exceeding $25,000 if the defendant has been |
adjudged to have committed one other civil rights |
violation under the provision of the Act within 5 years |
of the occurrence of the civil rights violation that is |
the basis of the complaint; and |
(c) for violations of Article 3 and Article 4 in an |
amount not exceeding $75,000 per violation, and in the |
case of violations of all other Articles in an amount |
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not exceeding $50,000 if the defendant has been |
adjudged to have committed 2 or more civil rights |
violations under the provision of the Act within 5 |
years of the occurrence of the civil rights violation |
that is the basis of the complaint. |
(2) A civil penalty imposed under subdivision (B)(1) of |
this Section shall be deposited into the Attorney General |
Court Ordered and Voluntary Compliance Payment Projects |
Fund, which is a special fund in the State Treasury. Moneys |
in the Fund shall be used, subject to appropriation, for |
the performance of any function pertaining to the exercise |
of the duties of the Attorney General including but not |
limited to enforcement of any law of this State and |
conducting public education programs; however, any moneys |
in the Fund that are required by the court or by an |
agreement to be used for a particular purpose shall be used |
for that purpose. |
(3) Aggrieved parties seeking actual damages must |
follow the procedure set out in Sections 7A-102 or 7B-102 |
for filing a charge.
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(Source: P.A. 95-961, eff. 9-23-08.)
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