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 Bill Status of HB6083  100th General Assembly


Short Description:  FOIA & WRONGFUL DEATH ACT-INFO

House Sponsors
Rep. Terri Bryant - Jim Durkin - Jerry Costello, II - Patricia R. Bellock - John M. Cabello, Brandon W. Phelps, Sheri Jesiel, Rita Mayfield, Barbara Wheeler, John Bradley, Cynthia Soto, Jack D. Franks, Carol Ammons, Linda Chapa LaVia, Litesa E. Wallace, Sonya M. Harper, Eddie Lee Jackson, Sr., Camille Y. Lilly and John Cavaletto

Senate Sponsors
(Sen. Christine Radogno - Gary Forby - David S. Luechtefeld and Linda Holmes)

Last Action
DateChamber Action
  7/19/2016HousePublic Act . . . . . . . . . 99-0587

Statutes Amended In Order of Appearance
5 ILCS 140/11from Ch. 116, par. 211
740 ILCS 180/2from Ch. 70, par. 2


Synopsis As Introduced
Amends the Freedom of Information Act. Provides that if the court determines that a public body willfully and intentionally failed to comply with the Act, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $10,000 (instead of $5,000) for each occurrence. Provides that if the public body fails to comply with the court's order after 30 days, the court shall impose an additional $1,000 penalty for each day the violation continues. Amends the Wrongful Death Act. Provides that an action under the Act shall be commenced within 2 years after the discovery of evidence indicating that a wrongful death may have occurred (instead of "within 2 years after the death of such person"). Provides that the amendatory Act may be referred to as Molly's law.

House Committee Amendment No. 2
Replaces everything after the enacting clause. Amends the Wrongful Death Act. Provides that an action may be brought within 5 years from the date of the death if the death is the result of violent intentional conduct or within one year of the final disposition of the criminal case if the person is charged with: first degree murder; intentional homicide of an unborn child; second degree murder; voluntary manslaughter of an unborn child; involuntary manslaughter or reckless homicide; involuntary manslaughter or reckless homicide of an unborn child; or drug-induced homicide. Provides that the amendatory Act may be referred to as Molly's law.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: (1) provides that an action may be brought against an individual who committed a violent intentional act that caused death within 5 years after the date of the death (instead of "within 5 years after the date of the death if the death is the result of violent intentional conduct") or against a criminal defendant within one year after the final disposition of the criminal case (instead of "within one year after the final disposition of the criminal case") if the criminal defendant (instead of "defendant") is charged with one of the enumerated charges; (2) provides that the new provisions extend the statute of limitations only against the individual who allegedly committed a violent intentional act or was the defendant charged with one of the specified crimes; (3) provides that the new provisions do not extend the statute of limitations against any other person or entity; and (4) provides that the changes apply to causes of action arising on or after the effective date of the amendatory Act.

Actions 
DateChamber Action
  2/11/2016HouseFiled with the Clerk by Rep. Terri Bryant
  2/11/2016HouseFirst Reading
  2/11/2016HouseReferred to Rules Committee
  2/22/2016HouseAdded Chief Co-Sponsor Rep. Jim Durkin
  3/23/2016HouseAssigned to Judiciary - Civil Committee
  3/24/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Terri Bryant
  3/24/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/31/2016HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Terri Bryant
  3/31/2016HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  4/4/2016HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/5/2016HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Civil Committee; by Voice Vote
  4/5/2016HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  4/5/2016HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  4/5/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/7/2016HouseSecond Reading - Short Debate
  4/7/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/12/2016HouseThird Reading - Short Debate - Passed 113-000-000
  4/12/2016HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  4/12/2016HouseAdded Co-Sponsor Rep. Sheri Jesiel
  4/12/2016HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/12/2016HouseAdded Co-Sponsor Rep. Barbara Wheeler
  4/12/2016HouseAdded Co-Sponsor Rep. John Bradley
  4/12/2016HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/12/2016HouseAdded Chief Co-Sponsor Rep. Jerry Costello, II
  4/12/2016HouseChief Co-Sponsor Changed to Rep. Jerry Costello, II
  4/12/2016HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  4/12/2016HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  4/12/2016HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/12/2016HouseAdded Co-Sponsor Rep. Carol Ammons
  4/12/2016HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/12/2016HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  4/12/2016HouseAdded Co-Sponsor Rep. Sonya M. Harper
  4/12/2016HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  4/12/2016HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/12/2016HouseAdded Co-Sponsor Rep. John Cavaletto
  4/13/2016SenateArrive in Senate
  4/13/2016SenatePlaced on Calendar Order of First Reading
  4/13/2016SenateChief Senate Sponsor Sen. David S. Luechtefeld
  4/13/2016SenateFirst Reading
  4/13/2016SenateReferred to Assignments
  4/14/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Gary Forby
  4/27/2016SenateAlternate Chief Sponsor Changed to Sen. Christine Radogno
  4/27/2016SenateAdded as Alternate Chief Co-Sponsor Sen. David S. Luechtefeld
  4/27/2016SenateAssigned to Judiciary
  5/3/2016SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Christine Radogno
  5/3/2016SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/3/2016SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/4/2016SenateSenate Committee Amendment No. 1 Adopted
  5/4/2016SenateDo Pass as Amended Judiciary; 010-000-000
  5/4/2016SenatePlaced on Calendar Order of 2nd Reading May 5, 2016
  5/18/2016SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/18/2016SenateSecond Reading
  5/18/2016SenatePlaced on Calendar Order of 3rd Reading May 19, 2016
  5/27/2016SenateThird Reading - Passed; 054-000-000
  5/29/2016HouseArrived in House
  5/29/2016HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/29/2016HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Terri Bryant
  5/29/2016HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2016HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  5/31/2016HouseSenate Committee Amendment No. 1 House Concurs 118-000-000
  5/31/2016HouseHouse Concurs
  5/31/2016HousePassed Both Houses
  6/27/2016HouseSent to the Governor
  7/19/2016HouseGovernor Approved
  7/19/2016HouseEffective Date January 1, 2017
  7/19/2016HousePublic Act . . . . . . . . . 99-0587

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