Illinois General Assembly

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 Bill Status of SB2141  97th General Assembly


Short Description:  CIV PRO-DECLARATORY JUDGMENT

Senate Sponsors
Sen. Don Harmon

House Sponsors
(Rep. Jack D. Franks )

Last Action
DateChamber Action
  1/8/2013SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/2-701from Ch. 110, par. 2-701
735 ILCS 5/2-701.5 new
735 ILCS 110/15
735 ILCS 110/21 new


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides for a declaratory judgment in an action concerning defamation, slander, or libel. Makes findings concerning defamation, slander, and libel. Defines: "mass media" to include newspapers and periodicals and radio, television, satellite, and Internet broadcast media; and "person" to mean a natural person. Provides that a person alleging defamation may bring a declaratory judgment action by showing that: the defendant's statement damaged the plaintiff's reputation, was published, and was false. Provides that in these actions: (i) the court must find a compelling need for any discovery; and (ii) the plaintiff must prove his or her case by clear and convincing evidence. Provides that no damages may be awarded to a plaintiff. Provides that a plaintiff who prevails shall be awarded attorney's fees, not to exceed $10,000, but only after the court considers: plaintiff's endeavors to obtain a retraction; the information supplied by the plaintiff to the defendant; defendant's timely steps to provide a retraction; plaintiff's reasonable belief that the statement damaged his or her reputation; and the complexity of the litigation. Provides that if the defendant prevails and the court finds that it was a frivolous action, the defendant is entitled to recover reasonable attorney's fees in an amount not to exceed $10,000. Bars any other action based on the same allegations. Sets a one-year statute of limitations. Makes other changes. Amends the Citizen Participation Act. Provides that although the Act applies to a motion to dispose of a claim on the grounds that the claim is based on a party's First Amendment rights, the Act does not apply to a declaratory judgment action for defamation, slander, or libel. Provides that if a party files a motion to dispose of a claim on the grounds that the claim is based on a party's First Amendment rights and in response a declaratory judgment action concerning defamation, slander, or libel is filed, there must be a dismissal of that party's action brought under the Act. Makes other changes. Effective immediately.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with similar provisions except that the amendment provides: additional findings concerning protection of a person's reputation; that the Act is in derogation of the common law; and that a court may only order a mass media defendant to publish a note in its own medium, if the defendant agrees. Effective immediately.

Actions 
DateChamber Action
  2/10/2011SenateFiled with Secretary by Sen. Don Harmon
  2/10/2011SenateFirst Reading
  2/10/2011SenateReferred to Assignments
  3/2/2011SenateAssigned to Judiciary
  3/10/2011SenatePostponed - Judiciary
  3/15/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/15/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/15/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/15/2011SenateSenate Committee Amendment No. 1 Adopted
  3/15/2011SenateDo Pass as Amended Judiciary; 010-000-000
  3/15/2011SenatePlaced on Calendar Order of 2nd Reading March 16, 2011
  4/8/2011SenateSecond Reading
  4/8/2011SenatePlaced on Calendar Order of 3rd Reading April 11, 2011
  4/15/2011SenateThird Reading - Passed; 059-000-000
  4/15/2011HouseArrived in House
  4/15/2011HousePlaced on Calendar Order of First Reading
  4/15/2011HouseChief House Sponsor Rep. Jack D. Franks
  4/15/2011HouseReferred to Rules Committee
  4/25/2011HouseAssigned to Judiciary I - Civil Law Committee
  5/3/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jack D. Franks
  5/3/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/4/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/31/2011HouseRule 19(a) / Re-referred to Rules Committee
  5/31/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  1/8/2013SenateSession Sine Die

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