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Full Text of SB1888  97th General Assembly

SB1888 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1888

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Re-enacts and repeals various statutory provisions to eliminate changes that were made by Public Act 89-7, which was held to be void in its entirety by the Illinois Supreme Court in Best v. Taylor Machine Works. Repeals a provision of the Code of Civil Procedure concerning standards for economic and non-economic damages that was added by Public Act 94-677 and was specifically declared unconstitutional by the Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital and the Sorry Works! Pilot Program Act, which was declared unconstitutional because of the inseverability clause contained in Public Act 94-677. Effective immediately.


LRB097 05170 AMC 45217 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1888LRB097 05170 AMC 45217 b

1    AN ACT concerning civil actions.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Purpose.
5    (a) In Best v. Taylor Machine Works, 179 Ill. 2d 367
6(1997), the Illinois Supreme Court held that Public Act 89-7
7was void in its entirety.
8    The Illinois Supreme Court, in Lebron v. Gottlieb Memorial
9Hospital, found that the limitations on noneconomic damages in
10medical malpractice actions that were created in Public Act
1194-677, contained in Section 2-1706.5 of the Code of Civil
12Procedure, violate the separation of powers clause of the
13Illinois Constitution. Because Public Act 94-677 contained an
14inseverability provision, the Court held the Act to be void in
15its entirety. The Court emphasized, however, that "because the
16other provisions contained in Public Act 94-677 are deemed
17invalid solely on inseverability grounds, the legislature
18remains free to reenact any provisions it deems appropriate".
19    (b) The purpose of this Act is to (i) re-enact and repeal
20statutory provisions so the text of those provisions conforms
21to the decision of the Illinois Supreme Court in Best v. Taylor
22Machine Works and (ii) repeal Section 2-1706.5 of the Code of
23Civil Procedure, which was specifically declared
24unconstitutional by the court in Lebron v. Gottlieb Memorial

 

 

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1Hospital, and the Sorry Works! Pilot Program Act, which was
2declared unconstitutional because of the inseverability clause
3contained in Public Act 94-677.
4    (c) This Act is not intended to supersede any Public Act of
5the 97th General Assembly that amends the text of a statutory
6provision that appears in this Act.
7    (d) If a Public Act enacted after Public Act 89-7 amended
8the text of a Section of the statutes without including the
9changes made by Public Act 89-7, the text of that Section is
10shown in this Act as existing text (without striking and
11underscoring) to conform to the decision of the Illinois
12Supreme Court, with the exception of changes of a revisory
13nature.
14    (e) If no Public Act enacted after Public Act 89-7 has
15amended the text of a Section that was included in Public Act
1689-7, the text of that Section is re-enacted in this Act with
17striking and underscoring to conform to the decision of the
18Illinois Supreme Court.
19    (f) Provisions that were purportedly added to the statutes
20by Public Act 89-7 are repealed in this Act to conform to the
21decision of the Illinois Supreme Court.
22    (g) Provisions that were purportedly repealed by Public Act
2389-7 are re-enacted (without striking and underscoring) to
24conform to the decision of the Illinois Supreme Court.
25    (h) If Public Act 89-7 purportedly amended the text of a
26Section of the statutes and that Section of the statutes was

 

 

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1later repealed by another Public Act, the text of that Section
2is not shown in this Act.
 
3    Section 5. The Road Worker Safety Act is re-enacted as
4follows:
 
5    (430 ILCS 105/Act title)
6An Act to protect workers and the general public from
7injury or death during construction or repair of bridges and
8highways within the State of Illinois.
 
9    (430 ILCS 105/0.01)  (from Ch. 121, par. 314.01)
10    Sec. 0.01. Short title. This Act may be cited as the Road
11Worker Safety Act.
12(Source: P.A. 86-1324; P.A. 89-7.)
 
13    (430 ILCS 105/1)  (from Ch. 121, par. 314.1)
14    Sec. 1. All construction work upon bridges or highways
15within the State of Illinois shall be so performed and
16conducted that two-way traffic will be maintained when such is
17safe and practical, and when not safe and practical, or when
18any portion of the highway is obstructed, one-way traffic shall
19be maintained, unless the authorized agency in charge of said
20construction directs the road be closed to all traffic.
21(Source: Laws 1959, p. 2044; P.A. 89-7.)
 

 

 

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1    (430 ILCS 105/2)  (from Ch. 121, par. 314.2)
2    Sec. 2. At all times during which men are working where
3one-way traffic is utilized, the contractor or his authorized
4agent in charge of such construction will be required to
5furnish no fewer than two flagmen, one at each end of the
6portion of highway or bridge on which only one-way traffic is
7permitted, and at least 100 feet away from the nearest point of
8the highway or bridge on which only one-way traffic is safe and
9permitted. The flagmen shall be equipped with safe, suitable,
10and proper signal devices as prescribed in the Manual on
11Uniform Traffic Control Devices for Streets and Highways
12published by the Department of Transportation, and shall so use
13such devices as to inform approaching motorists to stop or
14proceed. In addition, safe, suitable, and proper signals and
15signs as prescribed in the Manual shall be so placed as to warn
16approaching persons of the existence of any portion of highway
17or bridge upon which only one-way traffic is safe and
18permitted. At bridge construction or bridge repair sites, where
19one-way traffic is utilized, traffic control signals
20conforming to the Manual may be installed and operated in lieu
21of, or in addition to, flagmen. Whenever the Department of
22Transportation or local authorities determine that a bridge or
23highway construction site requires the closing of a road to
24through traffic, the contract documents relating to such
25construction may specify alternate procedures for flagging and
26controlling traffic, when such procedures have been approved by

 

 

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1the Department. When alternate procedures are not included,
2traffic control and flagging will be as prescribed in the first
3paragraph of this Section.
4(Source: P.A. 82-408; 89-7.)
 
5    (430 ILCS 105/3)  (from Ch. 121, par. 314.3)
6    Sec. 3. Drivers of any motor vehicle approaching any
7section of highway or bridge which is limited to only one-way
8traffic shall obey warning signs and shall stop their vehicles
9if signaled to do so by a flagman or a traffic control signal.
10(Source: Laws 1967, p. 468; P.A. 89-7.)
 
11    (430 ILCS 105/4)  (from Ch. 121, par. 314.4)
12    Sec. 4. Any portion of highway or bridge which is closed to
13all traffic shall be marked at each place where vehicles have
14accessible approach to such portion of highway or bridge, and
15at a sufficient distance from the closed portion of such
16highway or bridge shall be marked with an adequate number of
17safe, suitable, and proper warning signs, signals or barricades
18as set forth in the Manual of Uniform Traffic Control Devices
19for Streets and Highways published by the Department of
20Transportation so as to give warning to approaching motorists
21that such portion of bridge or highway is closed and unsafe for
22travel.
23(Source: P.A. 77-176; 89-7.)
 

 

 

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1    (430 ILCS 105/5)  (from Ch. 121, par. 314.5)
2    Sec. 5. Any contractor, subcontractor, or his authorized
3agent in charge of construction work on highways or bridges
4within the State of Illinois, or any driver of any motor
5vehicle, who knowingly or wilfully violates any provision of
6this Act, is guilty of a petty offense.
7(Source: P.A. 77-2242; 89-7.)
 
8    (430 ILCS 105/6)  (from Ch. 121, par. 314.6)
9    Sec. 6. Any contractor, subcontractor, or his or her
10authorized agent or driver of any motor vehicle who knowingly
11or wilfully violates any provision of this Act, shall be
12responsible for any injury to person or property occasioned by
13such violation, and a right of action shall accrue to any
14person injured for any damages sustained thereby; and in case
15of loss of life by reason of such violation, a right of action
16shall accrue to the surviving spouse of the person so killed,
17his or her heirs, or to any person or persons who were, before
18such loss of life, dependent for support on the person so
19killed, for a like recovery of damages sustained by reason of
20such loss of life.
21(Source: P.A. 80-1154; 89-7.)
 
22    (430 ILCS 105/7)  (from Ch. 121, par. 314.7)
23    Sec. 7. In case of any failure to comply with any of the
24provisions of this Act, the Director of Labor may, through the

 

 

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1State's Attorney, or any other attorney in case of his failure
2to act promptly, take the necessary legal steps to enforce
3compliance therewith.
4(Source: Laws 1959, p. 2044; P.A. 89-7.)
 
5    (430 ILCS 105/8)  (from Ch. 121, par. 314.8)
6    Sec. 8. The provisions of this Act shall not apply to
7employees or officials of the State of Illinois or any other
8public agency engaged in the construction or maintenance of
9highways and bridges.
10(Source: Laws 1959, p. 2044; P.A. 89-7.)
 
11    (710 ILCS 45/Act rep.)
12    Section 10. The Sorry Works! Pilot Program Act is repealed.
 
13    Section 15. Section 5-5-7 of the Unified Code of
14Corrections is re-enacted as follows:
 
15    (730 ILCS 5/5-5-7)  (from Ch. 38, par. 1005-5-7)
16    Sec. 5-5-7. Neither the State, any local government,
17probation department, public or community service program or
18site, nor any official, volunteer, or employee thereof acting
19in the course of their official duties shall be liable for any
20injury or loss a person might receive while performing public
21or community service as ordered either (1) by the court or (2)
22by any duly authorized station or probation adjustment, teen

 

 

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1court, community mediation, or other administrative diversion
2program authorized by the Juvenile Court Act of 1987 for a
3violation of a penal statute of this State or a local
4government ordinance (whether penal, civil, or quasi-criminal)
5or for a traffic offense, nor shall they be liable for any
6tortious acts of any person performing public or community
7service, except for wilful, wanton misconduct or gross
8negligence on the part of such governmental unit, probation
9department, or public or community service program or site, or
10the official, volunteer, or employee.
11(Source: P.A. 91-820, eff. 6-13-00.)
 
12    Section 20. Sections 2-402, 2-604.1, 2-621, 2-1003,
132-1107.1, 2-1109, 2-1116, 2-1117, 2-1118, 2-1205.1, 2-1702,
148-802, 8-2001, 8-2003, 8-2501, 13-213, 13-214.3, and 13-217 of
15the Code of Civil Procedure are re-enacted as follows:
 
16    (735 ILCS 5/2-402)  (from Ch. 110, par. 2-402)
17    Sec. 2-402. Respondents in discovery. The plaintiff in any
18civil action may designate as respondents in discovery in his
19or her pleading those individuals or other entities, other than
20the named defendants, believed by the plaintiff to have
21information essential to the determination of who should
22properly be named as additional defendants in the action.
23    Persons or entities so named as respondents in discovery
24shall be required to respond to discovery by the plaintiff in

 

 

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1the same manner as are defendants and may, on motion of the
2plaintiff, be added as defendants if the evidence discloses the
3existence of probable cause for such action.
4    A person or entity named a respondent in discovery may upon
5his or her own motion be made a defendant in the action, in
6which case the provisions of this Section are no longer
7applicable to that person.
8    A copy of the complaint shall be served on each person or
9entity named as a respondent in discovery.
10    Each respondent in discovery shall be paid expenses and
11fees as provided for witnesses.
12    A person or entity named as a respondent in discovery in
13any civil action may be made a defendant in the same action at
14any time within 6 months after being named as a respondent in
15discovery, even though the time during which an action may
16otherwise be initiated against him or her may have expired
17during such 6 month period. An extension from the original
186-month period for good cause may be granted only once for up
19to 90 days for (i) withdrawal of plaintiff's counsel or (ii)
20good cause. Notwithstanding the limitations in this Section,
21the court may grant additional reasonable extensions from this
226-month period for a failure or refusal on the part of the
23respondent to comply with timely filed discovery.
24    The plaintiff shall serve upon the respondent or
25respondents a copy of the complaint together with a summons in
26a form substantially as follows:
 
 

 

 

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1"STATE OF ILLINOIS
 
2COUNTY OF ..................
 
3
IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS
4
COUNTY DEPARTMENT, LAW DIVISION
5
(or, In the Circuit Court of the ............ Judicial Circuit)
6...................
7                    Plaintiff(s),
8        v.                             No.
9.................
10.................,
11                    Defendant(s),
12        and                             PLEASE SERVE:
13.................
14.................,
15        Respondent(s) in Discovery.
 
16
SUMMONS FOR DISCOVERY

 
17TO RESPONDENT IN DISCOVERY:
 
18    YOU ARE HEREBY NOTIFIED that on ................, 20..... ,
19a complaint, a copy of which is attached, was filed in the

 

 

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1above Court naming you as a Respondent in Discovery. Pursuant
2to the Illinois Code of Civil Procedure Section 2-402 and
3Supreme Court Rules 201 et. seq., and/or Court Order entered on
4.................................., the above named
5Plaintiff(s) are authorized to proceed with the discovery of
6the named Respondent(s) in Discovery.
 
7    YOU ARE SUMMONED AND COMMANDED to appear for deposition,
8before a notary public (answer the attached written
9interrogatories), (respond to the attached request to
10produce), (or other appropriate discovery tool).
 
11We are scheduled to take the oral discovery deposition of the
12above named Respondent, .................................., on
13........................, 20..., at the hour of .....
14a.m./p.m., at the office
15..........................................., Illinois, in
16accordance with the rules and provisions of this Court. Witness
17and mileage fees in the amount of ....................... are
18attached (or)
 
19(serve the following interrogatories, request to produce, or
20other appropriate discovery tool upon Respondent,
21....................... to be answered under oath by
22Respondent, ............................, and delivered to the
23office of ................................., Illinois, within

 

 

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128 days from date of service).
 
2TO THE OFFICER/SPECIAL PROCESS SERVER:
3    This summons must be returned by the officer or other
4person to whom it was given for service, with endorsement or
5affidavit of service and fees and an endorsement or affidavit
6of payment to the Respondent of witness and mileage fees, if
7any, immediately after service. If service cannot be made, this
8summons shall be returned so endorsed.
 
9WITNESS, .....................
 
10..............................
11Clerk of Court
 
12Date of Service: .........., 20...
13(To be inserted by officer on copy left
14with Respondent or other person)
 
15Attorney No.
16Name:
17Attorney for:
18Address:
19City/State/Zip:
20Telephone:".
21    This amendatory Act of the 94th General Assembly applies to

 

 

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1causes of action pending on or after its effective date.
2(Source: P.A. 94-582, eff. 1-1-06.)
 
3    (735 ILCS 5/2-604.1)  (from Ch. 110, par. 2-604.1)
4    Sec. 2-604.1. Pleading of punitive damages. In all actions
5on account of bodily injury or physical damage to property,
6based on negligence, or product liability based on any theory
7or doctrine strict tort liability, where punitive damages are
8permitted no complaint shall be filed containing a prayer for
9relief seeking punitive damages. However, a plaintiff may,
10pursuant to a pretrial motion and after a hearing before the
11court, amend the complaint to include a prayer for relief
12seeking punitive damages. The court shall allow the motion to
13amend the complaint if the plaintiff establishes at such
14hearing a reasonable likelihood of proving facts at trial
15sufficient to support an award of punitive damages. Any motion
16to amend the complaint to include a prayer for relief seeking
17punitive damages shall be made not later than 30 days after the
18close of discovery. A prayer for relief added pursuant to this
19Section shall not be barred by lapse of time under any statute
20prescribing or limiting the time within which an action may be
21brought or right asserted if the time prescribed or limited had
22not expired when the original pleading was filed.
23(Source: P.A. 84-1431; 89-7.)
 
24    (735 ILCS 5/2-621)  (from Ch. 110, par. 2-621)

 

 

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1    Sec. 2-621. Product liability actions. (a) In any product
2liability action based on any theory or doctrine in whole or in
3part on the doctrine of strict liability in tort commenced or
4maintained against a defendant or defendants other than the
5manufacturer, that party shall upon answering or otherwise
6pleading file an affidavit certifying the correct identity of
7the manufacturer of the product allegedly causing injury, death
8or damage. The commencement of a product liability action based
9on any theory or doctrine in whole or in part on the doctrine
10of strict liability in tort against such defendant or
11defendants shall toll the applicable statute of limitation and
12statute of repose relative to the defendant or defendants for
13purposes of asserting a strict liability in tort cause of
14action.
15    (b) Once the plaintiff has filed a complaint against the
16manufacturer or manufacturers, and the manufacturer or
17manufacturers have or are required to have answered or
18otherwise pleaded, the court shall order the dismissal of a
19product liability action based on any theory or doctrine strict
20liability in tort claim against the certifying defendant or
21defendants, provided the certifying defendant or defendants
22are not within the categories set forth in subsection (c) of
23this Section. Due diligence shall be exercised by the
24certifying defendant or defendants in providing the plaintiff
25with the correct identity of the manufacturer or manufacturers,
26and due diligence shall be exercised by the plaintiff in filing

 

 

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1an action and obtaining jurisdiction over the manufacturer or
2manufacturers.
3    The plaintiff may at any time subsequent to the dismissal
4move to vacate the order of dismissal and reinstate the
5certifying defendant or defendants, provided plaintiff can
6show one or more of the following:
7    (1) That the applicable period of statute of limitation or
8statute of repose bars the assertion of a strict liability in
9tort cause of action against the manufacturer or manufacturers
10of the product allegedly causing the injury, death or damage;
11or
12    (2) That the identity of the manufacturer given to the
13plaintiff by the certifying defendant or defendants was
14incorrect. Once the correct identity of the manufacturer has
15been given by the certifying defendant or defendants the court
16shall again dismiss the certifying defendant or defendants; or
17    (3) That the manufacturer no longer exists, cannot be
18subject to the jurisdiction of the courts of this State, or,
19despite due diligence, the manufacturer is not amenable to
20service of process; or
21    (4) That the manufacturer is unable to satisfy any judgment
22as determined by the court; or
23    (5) That the court determines that the manufacturer would
24be unable to satisfy a reasonable settlement or other agreement
25with plaintiff.
26    (c) A court shall not enter a dismissal order relative to

 

 

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1any certifying defendant or defendants other than the
2manufacturer even though full compliance with subsection (a) of
3this Section has been made where the plaintiff can show one or
4more of the following:
5    (1) That the defendant has exercised some significant
6control over the design or manufacture of the product, or has
7provided instructions or warnings to the manufacturer relative
8to the alleged defect in the product which caused the injury,
9death or damage; or
10    (2) That the defendant had actual knowledge of the defect
11in the product which caused the injury, death or damage; or
12    (3) That the defendant created the defect in the product
13which caused the injury, death or damage.
14    (d) Nothing contained in this Section shall be construed to
15grant a cause of action on in strict liability in tort or any
16other legal theory or doctrine, or to affect the right of any
17person to seek and obtain indemnity or contribution.
18    (e) This Section applies to all causes of action accruing
19on or after September 24, 1979.
20(Source: P.A. 84-1043; 89-7.)
 
21    (735 ILCS 5/2-1003)  (from Ch. 110, par. 2-1003)
22    Sec. 2-1003. Discovery and depositions.
23    (a) Any party who by pleading alleges any claim for bodily
24injury or disease, including mental health injury or disease,
25shall be deemed to waive any privilege between the injured

 

 

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1person and each health care provider who has furnished care at
2any time to the injured person. "Health care provider" means
3any person or entity who delivers or has delivered health care
4services, including diagnostic services, and includes, but is
5not limited to, physicians, psychologists, chiropractors,
6nurses, mental health workers, therapists, and other healing
7art practitioners. Any party alleging any such claim for bodily
8or mental health injury or disease shall, upon written request
9of any other party who has appeared in the action, sign and
10deliver within 28 days to the requesting party a separate
11Consent authorizing each person or entity who has provided
12health care at any time to the allegedly injured person to:
13        (1) furnish the requesting party or the party's
14    attorney a complete copy of the chart or record of health
15    care in the possession of the provider, including reports
16    sent to any third party, including any records generated by
17    other health care providers and in the possession of the
18    health care provider, and including radiographic films of
19    any type;
20        (2) permit the requesting party or the party's attorney
21    to inspect the original chart or record of health care
22    during regular business hours and at the regular business
23    location of the health care provider, upon written request
24    made not less than 7 days prior to the inspection;
25        (3) accept and consider charts and other records of
26    health care by others, radiographic films, and documents,

 

 

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1    including reports, deposition transcripts, and letters,
2    furnished to the health care provider by the requesting
3    party or the party's attorney, before giving testimony in
4    any deposition or trial or other hearing;
5        (4) confer with the requesting party's attorney before
6    giving testimony in any deposition or trial or other
7    hearing and engage in discussion with the attorney on the
8    subjects of the health care provider's observations
9    related to the allegedly injured party's health, including
10    the following: the patient history, whether charted or
11    otherwise recorded or not; the health care provider's
12    opinions related to the patient's state of health,
13    prognosis, etiology, or cause of the patient's state of
14    health at any time, and the nature and quality of care by
15    other health care providers, including whether any
16    standard of care was or was not breached; and the testimony
17    the health care provider would give in response to any
18    point of interrogation, and the education, experience, and
19    qualifications of the health care provider.
20    The form of the Consent furnished pursuant to this
21subsection (a) shall recite that it is signed and delivered
22under the authority of this subsection. Any variation in the
23form of the Consent required by any health care provider, not
24subject to the jurisdiction of the circuit court before which
25the action is pending, to whom a request is directed under
26subdivision (1) or (2) of this subsection (a) shall be accepted

 

 

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1by the allegedly injured party and the revised form requested
2by the health care provider shall be signed and delivered to
3the requesting party within 28 days after it is tendered for
4signature.
5    All documents and information obtained pursuant to a
6Consent shall be considered confidential. Disclosure may be
7made only to the parties to the action, their attorneys, their
8insurers' representatives, and witnesses and consultants whose
9testimony concerns medical treatment prognosis, or
10rehabilitation, including expert witnesses.
11    A request for a Consent under this subsection (a) does not
12preclude such subsequent requests as may reasonably be made
13seeking to expand the scope of an earlier Consent which was
14limited to less than all the authority permitted by
15subdivisions (1) through (4) of this subsection (a) or seeking
16additional Consents for other health care providers.
17    The provisions of this subsection (a) do not restrict the
18right of any party to discovery pursuant to rule.
19    Should a plaintiff refuse to timely comply with a request
20for signature and delivery of a consent permitted by this
21subsection (a) the court, on motion, shall issue an order
22authorizing disclosure to the party or parties requesting said
23consent of all records and information mentioned herein or
24order the cause dismissed pursuant to Section 2-619(a)(9).
25    (a-1) Discovery, admissions of fact and of genuineness of
26documents and answers to interrogatories shall be in accordance

 

 

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1with rules.
2    (b) The taking of depositions, whether for use in evidence
3or for purposes of discovery in proceedings in this State or
4elsewhere, and fees and charges in connection therewith, shall
5be in accordance with rules.
6    (c) A party shall not be required to furnish the names or
7addresses of his or her witnesses, except that upon motion of
8any party disclosure of the identity of expert witnesses shall
9be made to all parties and the court in sufficient time in
10advance of trial so as to insure a fair and equitable
11preparation of the case by all parties.
12    (d) Whenever the defendant in any litigation in this State
13has the right to demand a physical or mental examination of the
14plaintiff pursuant to statute or Supreme Court Rule, relative
15to the occurrence and extent of injuries or damages for which
16claim is made, or in connection with the plaintiff's capacity
17to exercise any right plaintiff has, or would have but for a
18finding based upon such examination, the plaintiff has the
19right to have his or her attorney, or such other person as the
20plaintiff may wish, present at such physical or mental
21examination.
22    (e) No person or organization shall be required to furnish
23claims, loss or risk management information held or provided by
24an insurer, which information is described in Section 143.10a
25of the "Illinois Insurance Code".
26    (f) This amendatory Act of 1995 applies to causes of action

 

 

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1filed on and after its effective date.
2(Source: P.A. 84-1431; 89-7.)
 
3    (735 ILCS 5/2-1107.1)  (from Ch. 110, par. 2-1107.1)
4    Sec. 2-1107.1. Jury instruction in tort actions. In all
5actions on account of bodily injury or death or physical damage
6to property based on negligence, or product liability based on
7any theory or doctrine strict tort liability, the court shall
8instruct the jury in writing, to the extent that it is true,
9that any award of compensatory damages or punitive damages will
10not be taxable under federal or State income tax law. The court
11shall not inform or instruct the jury that the defendant shall
12be found not liable if the jury finds that the contributory
13fault of the plaintiff is more than 50% of the proximate cause
14of the injury or damage for which recovery is sought, but it
15shall be the duty of the court to deny recovery if the jury
16finds that the plaintiff's contributory fault is more than 50%
17of the proximate cause of the injury or damage. The court shall
18not inform or instruct the jury concerning any limitations in
19the amount of non-economic damages or punitive damages that are
20recoverable, but it shall be the duty of the trial court upon
21entering judgment to reduce any award in excess of such
22limitation to no more than the proper limitation.
23    This amendatory Act of 1995 applies to causes of action
24filed on or after its effective date.
25(Source: P.A. 84-1431; 89-7.)
 

 

 

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1    (735 ILCS 5/2-1109)  (from Ch. 110, par. 2-1109)
2    Sec. 2-1109. Itemized verdicts. In every case where damages
3for bodily injury or death to the person are assessed by the
4jury the verdict shall be itemized so as to reflect the
5monetary distribution, if any, among economic loss and
6non-economic loss as defined in Section 2-1115.2 , if any, and,
7in healing art medical malpractice cases, further itemized so
8as to reflect the distribution of economic loss by category,
9such itemization of economic loss by category to include: (a)
10amounts intended to compensate for reasonable expenses which
11have been incurred, or which will be incurred, for necessary
12medical, surgical, x-ray, dental, or other health or
13rehabilitative services, drugs, and therapy; (b) amounts
14intended to compensate for lost wages or loss of earning
15capacity; and (c) all other economic losses claimed by the
16plaintiff or granted by the jury. Each category of economic
17loss shall be further itemized into amounts intended to
18compensate for losses which have been incurred prior to the
19verdict and amounts intended to compensate for future losses
20which will be incurred in the future.
21    This amendatory Act of 1995 applies to causes of action
22filed on or after its effective date.
23(Source: P.A. 84-7; 89-7.)
 
24    (735 ILCS 5/2-1116)  (from Ch. 110, par. 2-1116)

 

 

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1    Sec. 2-1116. Limitation on recovery in tort actions; fault.
2    (a) The purpose of this Section is to allocate the
3responsibility of bearing or paying damages in actions brought
4on account of death, bodily injury, or physical damage to
5property according to the proportionate fault of the persons
6who proximately caused the damage.
7    (b) As used in this Section:
8    "Fault" means any act or omission that (i) is negligent,
9willful and wanton, or reckless, is a breach of an express or
10implied warranty, gives rise to strict liability in tort, or
11gives rise to liability under the provisions of any State
12statute, rule, or local ordinance and (ii) is a proximate cause
13of death, bodily injury to person, or physical damage to
14property for which recovery is sought.
15    "Contributory fault" means any fault on the part of the
16plaintiff (including but not limited to negligence, assumption
17of the risk, or willful and wanton misconduct) which is a
18proximate cause of the death, bodily injury to person, or
19physical damage to property for which recovery is sought.
20    "Tortfeasor" means any person, excluding the injured
21person, whose fault is a proximate cause of the death, bodily
22injury to person, or physical damage to property for which
23recovery is sought, regardless of whether that person is the
24plaintiff's employer, regardless of whether that person is
25joined as a party to the action, and regardless of whether that
26person may have settled with the plaintiff.

 

 

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1    (c) In all actions on account of death, bodily injury or
2death or physical damage to property in which recovery is
3predicated upon fault , based on negligence, or product
4liability based on strict tort liability, the contributory
5fault chargeable to the plaintiff shall be compared with the
6fault of all tortfeasors whose fault was a proximate cause of
7the death, injury, loss, or damage for which recovery is
8sought. the plaintiff shall be barred from recovering damages
9if the trier of fact finds that the contributory fault on the
10part of the plaintiff is more than 50% of the proximate cause
11of the injury or damage for which recovery is sought. The
12plaintiff shall not be barred from recovering damages if the
13trier of fact finds that the contributory fault on the part of
14the plaintiff is not more than 50% of the proximate cause of
15the injury or damage for which recovery is sought, but any
16economic or non-economic damages allowed shall be diminished in
17the proportion to the amount of fault attributable to the
18plaintiff.
19    (d) Nothing in this Section shall be construed to create a
20cause of action.
21    (e) This amendatory Act of 1995 applies to causes of action
22accruing on or after its effective date.
23(Source: P.A. 84-1431; 89-7.)
 
24    (735 ILCS 5/2-1117)  (from Ch. 110, par. 2-1117)
25    Sec. 2-1117. Joint liability. Except as provided in Section

 

 

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12-1118, in actions on account of bodily injury or death or
2physical damage to property, based on negligence, or product
3liability based on strict tort liability, all defendants found
4liable are jointly and severally liable for plaintiff's past
5and future medical and medically related expenses. Any
6defendant whose fault, as determined by the trier of fact, is
7less than 25% of the total fault attributable to the plaintiff,
8the defendants sued by the plaintiff, and any third party
9defendant except the plaintiff's employer, shall be severally
10liable for all other damages. Any defendant whose fault, as
11determined by the trier of fact, is 25% or greater of the total
12fault attributable to the plaintiff, the defendants sued by the
13plaintiff, and any third party defendants except the
14plaintiff's employer, shall be jointly and severally liable for
15all other damages.
16(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
 
17    (735 ILCS 5/2-1118)
18    Sec. 2-1118. Exceptions. Notwithstanding the provisions
19of Section 2-1117, in any action in which the trier of fact
20determines that the injury or damage for which recovery is
21sought was caused by an act involving the discharge into the
22environment of any pollutant, including any waste, hazardous
23substance, irritant or contaminant, including, but not limited
24to smoke, vapor, soot, fumes, acids, alkalis, asbestos, toxic
25or corrosive chemicals, radioactive waste or mine tailings, and

 

 

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1including any such material intended to be recycled,
2reconditioned or reclaimed, any defendants found liable shall
3be jointly and severally liable for such damage. However,
4Section 2-1117 shall apply to a defendant who is a response
5action contractor. As used in this Section, "response action
6contractor" means an individual, partnership, corporation,
7association, joint venture or other commercial entity or an
8employee, agent, sub-contractor, or consultant thereof which
9enters into a contract, for the performance of remedial or
10response action, or for the identification, handling, storage,
11treatment or disposal of a pollutant, which is entered into
12between any person or entity and a response action contractor
13when such response action contractor is not liable for the
14creation or maintenance of the condition to be ameliorated
15under the contract.
16    Notwithstanding the provisions of Section 2-1117, in any
17medical malpractice action, as defined in Section 2-1704, based
18upon negligence, any defendants found liable shall be jointly
19and severally liable.
20(Source: P.A. 84-1431; 89-7.)
 
21    (735 ILCS 5/2-1205.1)  (from Ch. 110, par. 2-1205.1)
22    Sec. 2-1205.1. Reduction in amount of recovery. In all
23cases on account of bodily injury or death or physical damage
24to property, based on negligence, or product liability based on
25any theory or doctrine strict tort liability, to which Section

 

 

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12-1205 does not apply, the amount in excess of $25,000 of the
2benefits provided for medical charges, hospital charges, or
3nursing or caretaking charges, which have been paid, or which
4have become payable by the date of judgment to the injured
5person by any other insurance company or fund in relation to a
6particular injury, shall be deducted from any judgment.
7Provided, however, that:
8    (1) Application is made within 30 days to reduce the
9judgment;
10    (2) Such reduction shall not apply to the extent that there
11is a right of recoupment through subrogation, trust agreement,
12contract, lien, operation of law or otherwise;
13    (3) The reduction shall not reduce the judgment by more
14than 50% of the total amount of the judgment entered on the
15verdict; and
16    (4) The damages awarded shall be increased by the amount of
17any insurance premiums or the direct costs paid by the
18plaintiff for such benefits in the 2 years prior to plaintiff's
19injury or death or to be paid by the plaintiff in the future
20for such benefits.
21(Source: P.A. 84-1431; 89-7.)
 
22    (735 ILCS 5/2-1702)  (from Ch. 110, par. 2-1702)
23    Sec. 2-1702. Economic/Non-Economic Loss. As used in this
24Part, "economic loss" and "non-economic loss" are defined as in
25Section 2-1115.2. :

 

 

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1    (a) "Economic loss" means all pecuniary harm for which
2damages are recoverable.
3    (b) "Non-economic loss" means loss of consortium and all
4nonpecuniary harm for which damages are recoverable,
5including, without limitation, damages for pain and suffering,
6inconvenience, disfigurement, and physical impairment.
7(Source: P.A. 84-7; 89-7.)
 
8    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
9    Sec. 8-802. Physician and patient. No physician or surgeon
10shall be permitted to disclose any information he or she may
11have acquired in attending any patient in a professional
12character, necessary to enable him or her professionally to
13serve the patient, except only (1) in trials for homicide when
14the disclosure relates directly to the fact or immediate
15circumstances of the homicide, (2) in actions, civil or
16criminal, against the physician for malpractice, (3) with the
17expressed consent of the patient, or in case of his or her
18death or disability, of his or her personal representative or
19other person authorized to sue for personal injury or of the
20beneficiary of an insurance policy on his or her life, health,
21or physical condition, (4) in all actions brought by or against
22the patient, his or her personal representative, a beneficiary
23under a policy of insurance, or the executor or administrator
24of his or her estate wherein the patient's physical or mental
25condition is an issue, (5) upon an issue as to the validity of

 

 

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1a document as a will of the patient, (6) in any criminal action
2where the charge is either first degree murder by abortion,
3attempted abortion or abortion, (7) in actions, civil or
4criminal, arising from the filing of a report in compliance
5with the Abused and Neglected Child Reporting Act, (8) to any
6department, agency, institution or facility which has custody
7of the patient pursuant to State statute or any court order of
8commitment, (9) in prosecutions where written results of blood
9alcohol tests are admissible pursuant to Section 11-501.4 of
10the Illinois Vehicle Code, (10) in prosecutions where written
11results of blood alcohol tests are admissible under Section
125-11a of the Boat Registration and Safety Act, (11) in criminal
13actions arising from the filing of a report of suspected
14terrorist offense in compliance with Section 29D-10(p)(7) of
15the Criminal Code of 1961, or (12) upon the issuance of a
16subpoena pursuant to Section 38 of the Medical Practice Act of
171987; the issuance of a subpoena pursuant to Section 25.1 of
18the Illinois Dental Practice Act; or the issuance of a subpoena
19pursuant to Section 22 of the Nursing Home Administrators
20Licensing and Disciplinary Act.
21    In the event of a conflict between the application of this
22Section and the Mental Health and Developmental Disabilities
23Confidentiality Act to a specific situation, the provisions of
24the Mental Health and Developmental Disabilities
25Confidentiality Act shall control.
26(Source: P.A. 95-478, eff. 8-27-07.)
 

 

 

SB1888- 30 -LRB097 05170 AMC 45217 b

1    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
2    Sec. 8-2001. Examination of health care records.
3    (a) In this Section:
4    "Health care facility" or "facility" means a public or
5private hospital, ambulatory surgical treatment center,
6nursing home, independent practice association, or physician
7hospital organization, or any other entity where health care
8services are provided to any person. The term does not include
9a health care practitioner.
10    "Health care practitioner" means any health care
11practitioner, including a physician, dentist, podiatrist,
12advanced practice nurse, physician assistant, clinical
13psychologist, or clinical social worker. The term includes a
14medical office, health care clinic, health department, group
15practice, and any other organizational structure for a licensed
16professional to provide health care services. The term does not
17include a health care facility.
18    (b) Every private and public health care facility shall,
19upon the request of any patient who has been treated in such
20health care facility, or any person, entity, or organization
21presenting a valid authorization for the release of records
22signed by the patient or the patient's legally authorized
23representative, permit the patient, his or her health care
24practitioner, authorized attorney, or any person, entity, or
25organization presenting a valid authorization for the release

 

 

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1of records signed by the patient or the patient's legally
2authorized representative to examine the health care facility
3patient care records, including but not limited to the history,
4bedside notes, charts, pictures and plates, kept in connection
5with the treatment of such patient, and permit copies of such
6records to be made by him or her or his or her health care
7practitioner or authorized attorney.
8    (c) Every health care practitioner shall, upon the request
9of any patient who has been treated by the health care
10practitioner, or any person, entity, or organization
11presenting a valid authorization for the release of records
12signed by the patient or the patient's legally authorized
13representative, permit the patient and the patient's health
14care practitioner or authorized attorney, or any person,
15entity, or organization presenting a valid authorization for
16the release of records signed by the patient or the patient's
17legally authorized representative, to examine and copy the
18patient's records, including but not limited to those relating
19to the diagnosis, treatment, prognosis, history, charts,
20pictures and plates, kept in connection with the treatment of
21such patient.
22    (d) A request for copies of the records shall be in writing
23and shall be delivered to the administrator or manager of such
24health care facility or to the health care practitioner. The
25person (including patients, health care practitioners and
26attorneys) requesting copies of records shall reimburse the

 

 

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1facility or the health care practitioner at the time of such
2copying for all reasonable expenses, including the costs of
3independent copy service companies, incurred in connection
4with such copying not to exceed a $20 handling charge for
5processing the request and the actual postage or shipping
6charge, if any, plus: (1) for paper copies 75 cents per page
7for the first through 25th pages, 50 cents per page for the
826th through 50th pages, and 25 cents per page for all pages in
9excess of 50 (except that the charge shall not exceed $1.25 per
10page for any copies made from microfiche or microfilm; records
11retrieved from scanning, digital imaging, electronic
12information or other digital format do not qualify as
13microfiche or microfilm retrieval for purposes of calculating
14charges); and (2) for electronic records, retrieved from a
15scanning, digital imaging, electronic information or other
16digital format in a electronic document, a charge of 50% of the
17per page charge for paper copies under subdivision (d)(1). This
18per page charge includes the cost of each CD Rom, DVD, or other
19storage media. Records already maintained in an electronic or
20digital format shall be provided in an electronic format when
21so requested. If the records system does not allow for the
22creation or transmission of an electronic or digital record,
23then the facility or practitioner shall inform the requester in
24writing of the reason the records can not be provided
25electronically. The written explanation may be included with
26the production of paper copies, if the requester chooses to

 

 

SB1888- 33 -LRB097 05170 AMC 45217 b

1order paper copies. These rates shall be automatically adjusted
2as set forth in Section 8-2006. The facility or health care
3practitioner may, however, charge for the reasonable cost of
4all duplication of record material or information that cannot
5routinely be copied or duplicated on a standard commercial
6photocopy machine such as x-ray films or pictures.
7    (e) The requirements of this Section shall be satisfied
8within 30 days of the receipt of a written request by a patient
9or by his or her legally authorized representative, health care
10practitioner, authorized attorney, or any person, entity, or
11organization presenting a valid authorization for the release
12of records signed by the patient or the patient's legally
13authorized representative. If the facility or health care
14practitioner needs more time to comply with the request, then
15within 30 days after receiving the request, the facility or
16health care practitioner must provide the requesting party with
17a written statement of the reasons for the delay and the date
18by which the requested information will be provided. In any
19event, the facility or health care practitioner must provide
20the requested information no later than 60 days after receiving
21the request.
22    (f) A health care facility or health care practitioner must
23provide the public with at least 30 days prior notice of the
24closure of the facility or the health care practitioner's
25practice. The notice must include an explanation of how copies
26of the facility's records may be accessed by patients. The

 

 

SB1888- 34 -LRB097 05170 AMC 45217 b

1notice may be given by publication in a newspaper of general
2circulation in the area in which the health care facility or
3health care practitioner is located.
4    (g) Failure to comply with the time limit requirement of
5this Section shall subject the denying party to expenses and
6reasonable attorneys' fees incurred in connection with any
7court ordered enforcement of the provisions of this Section.
8(Source: P.A. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed
9from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)
 
10    (735 ILCS 5/8-2501)  (from Ch. 110, par. 8-2501)
11    Sec. 8-2501. Expert Witness Standards. In any case in which
12the standard of care applicable to a medical professional is at
13issue, the court shall apply the following standards to
14determine if a witness qualifies as an expert witness and can
15testify on the issue of the appropriate standard of care.
16    (a) Whether the witness is board certified or board
17eligible, or has completed a residency, in the same or
18substantially similar medical specialties as the defendant and
19is otherwise qualified by significant experience with the
20standard of care, methods, procedures, and treatments relevant
21to the allegations against the defendant;
22    (b) Whether the witness has devoted a majority of his or
23her work time to the practice of medicine, teaching or
24University based research in relation to the medical care and
25type of treatment at issue which gave rise to the medical

 

 

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1problem of which the plaintiff complains;
2    (c) whether the witness is licensed in the same profession
3with the same class of license as the defendant if the
4defendant is an individual; and
5    (d) whether, in the case against a nonspecialist, the
6witness can demonstrate a sufficient familiarity with the
7standard of care practiced in this State.
8    An expert shall provide evidence of active practice,
9teaching, or engaging in university-based research. If
10retired, an expert must provide evidence of attendance and
11completion of continuing education courses for 3 years previous
12to giving testimony. An expert who has not actively practiced,
13taught, or been engaged in university-based research, or any
14combination thereof, during the preceding 5 years may not be
15qualified as an expert witness.
16    The changes to this Section made by this amendatory Act of
17the 94th General Assembly apply to causes of action accruing on
18or after its effective date.
19(Source: P.A. 94-677, eff. 8-25-05.)
 
20    (735 ILCS 5/13-213)  (from Ch. 110, par. 13-213)
21    Sec. 13-213. Product liability; statute of repose.
22    (a) As used in this Section, the term:
23        (1) "alteration, modification or change" or "altered,
24    modified, or changed" means an alteration, modification or
25    change that was made in the original makeup

 

 

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1    characteristics, function or design of a product or in the
2    original recommendations, instructions and warnings given
3    with respect to a product including the failure properly to
4    maintain and care for a product.
5        (2) "product" means any tangible object or goods
6    distributed in commerce, including any service provided in
7    connection with the product. Where the term "product unit"
8    is used, it refers to a single item or unit of a product.
9        (3) "product liability action" means any action based
10    on any theory or the doctrine of strict liability in tort
11    brought against the seller of a product on account of
12    personal injury, (including illness, disease, disability
13    and death) or property, economic or other damage allegedly
14    caused by or resulting from the manufacture, construction,
15    preparation, assembly, installation, testing, makeup,
16    characteristics, functions, design, formula, plan,
17    recommendation, specification, prescription, advertising,
18    sale, marketing, packaging, labeling, repair, maintenance
19    or disposal of, or warning or instruction regarding any
20    product. This definition excludes actions brought by State
21    or federal regulatory agencies pursuant to statute.
22        (4) "seller" means one who, in the course of a business
23    conducted for the purpose, sells, distributes, leases,
24    assembles, installs, produces, manufactures, fabricates,
25    prepares, constructs, packages, labels, markets, repairs,
26    maintains, or otherwise is involved in placing a product in

 

 

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1    the stream of commerce.
2    (b) Subject to the provisions of subsections (c) and (d) no
3product liability action based on any theory or the doctrine of
4strict liability in tort shall be commenced except within the
5applicable limitations period and, in any event, within 12
6years from the date of first sale, lease or delivery of
7possession by a seller or 10 years from the date of first sale,
8lease or delivery of possession to its initial user, consumer,
9or other non-seller, whichever period expires earlier, of any
10product unit that is claimed to have injured or damaged the
11plaintiff, unless the defendant expressly has warranted or
12promised the product for a longer period and the action is
13brought within that period.
14    (c) No product liability action based on any theory or the
15doctrine of strict liability in tort to recover for injury or
16damage claimed to have resulted from an alteration,
17modification or change of the product unit subsequent to the
18date of first sale, lease or delivery of possession of the
19product unit to its initial user, consumer or other non-seller
20shall be limited or barred by subsection (b) hereof if:
21        (1) the action is brought against a seller making,
22    authorizing, or furnishing materials for the
23    accomplishment of such alteration, modification or change
24    (or against a seller furnishing specifications or
25    instructions for the accomplishment of such alteration,
26    modification or change when the injury is claimed to have

 

 

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1    resulted from failure to provide adequate specifications
2    or instructions), and
3        (2) the action commenced within the applicable
4    limitation period and, in any event, within 10 years from
5    the date such alteration, modification or change was made,
6    unless defendant expressly has warranted or promised the
7    product for a longer period and the action is brought
8    within that period, and
9        (3) when the injury or damage is claimed to have
10    resulted from an alteration, modification or change of a
11    product unit, there is proof that such alteration,
12    modification or change had the effect of introducing into
13    the use of the product unit, by reason of defective
14    materials or workmanship, a hazard not existing prior to
15    such alteration, modification or change.
16    (d) Notwithstanding the provisions of subsection (b) and
17paragraph (2) of subsection (c) if the injury complained of
18occurs within any of the periods provided by subsection (b) and
19paragraph (2) of subsection (c), the plaintiff may bring an
20action within 2 years after the date on which the claimant
21knew, or through the use of reasonable diligence should have
22known, of the existence of the personal injury, death or
23property damage, but in no event shall such action be brought
24more than 8 years after the date on which such personal injury,
25death or property damage occurred. In any such case, if the
26person entitled to bring the action was, at the time the

 

 

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1personal injury, death or property damage occurred, under the
2age of 18 years, or under a legal disability, then the period
3of limitations does not begin to run until the person attains
4the age of 18 years, or the disability is removed.
5    (e) Replacement of a component part of a product unit with
6a substitute part having the same formula or design as the
7original part shall not be deemed a sale, lease or delivery of
8possession or an alteration, modification or change for the
9purpose of permitting commencement of a product liability
10action based on any theory or the doctrine of strict liability
11in tort to recover for injury or damage claimed to have
12resulted from the formula or design of such product unit or of
13the substitute part when such action would otherwise be barred
14according to the provisions of subsection (b) of this Section.
15    (f) Nothing in this Section shall be construed to create a
16cause of action or to affect the right of any person to seek
17and obtain indemnity or contribution.
18    (g) The provisions of this Section 13-213 of this Act apply
19to any cause of action accruing on or after January 1, 1979,
20involving any product which was in or entered the stream of
21commerce prior to, on, or after January 1, 1979.
22    (h) This amendatory Act of 1995 applies to causes of action
23accruing on or after its effective date.
24(Source: P.A. 85-907; 86-1329; 89-7.)
 
25    (735 ILCS 5/13-214.3)  (from Ch. 110, par. 13-214.3)

 

 

SB1888- 40 -LRB097 05170 AMC 45217 b

1    Sec. 13-214.3. Attorneys.
2    (a) In this Section: "attorney" includes (i) an individual
3attorney, together with his or her employees who are attorneys,
4(ii) a professional partnership of attorneys, together with its
5employees, partners, and members who are attorneys, and (iii) a
6professional service corporation of attorneys, together with
7its employees, officers, and shareholders who are attorneys;
8and "non-attorney employee" means a person who is not an
9attorney but is employed by an attorney.
10    (b) An action for damages based on tort, contract, or
11otherwise (i) against an attorney arising out of an act or
12omission in the performance of professional services or (ii)
13against a non-attorney employee arising out of an act or
14omission in the course of his or her employment by an attorney
15to assist the attorney in performing professional services must
16be commenced within 2 years from the time the person bringing
17the action knew or reasonably should have known of the injury
18for which damages are sought.
19    (c) Except as provided in subsection (d), an action
20described in subsection (b) may not be commenced in any event
21more than 6 years after the date on which the act or omission
22occurred.
23    (d) (Blank.) When the injury caused by the act or omission
24does not occur until the death of the person for whom the
25professional services were rendered, the action may be
26commenced within 2 years after the date of the person's death

 

 

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1unless letters of office are issued or the person's will is
2admitted to probate within that 2 year period, in which case
3the action must be commenced within the time for filing claims
4against the estate or a petition contesting the validity of the
5will of the deceased person, whichever is later, as provided in
6the Probate Act of 1975.
7    (e) If the person entitled to bring the action is under the
8age of majority or under other legal disability at the time the
9cause of action accrues, the period of limitations shall not
10begin to run until majority is attained or the disability is
11removed.
12    (f) The provisions of Public Act 86-1371 creating this
13Section apply This Section applies to all causes of action
14accruing on or after its effective date.
15    (g) This amendatory Act of 1995 applies to all actions
16filed on or after its effective date. If, as a result of this
17amendatory Act of 1995, the action is either barred or there
18remains less than 2 years to bring the action, then the
19individual may bring the action within 2 years of the effective
20date of this amendatory Act of 1995.
21(Source: P.A. 86-1371; 89-7.)
 
22    (735 ILCS 5/13-217)  (from Ch. 110, par. 13-217)
23    Sec. 13-217. Reversal or dismissal. In the actions
24specified in Article XIII of this Act or any other act or
25contract where the time for commencing an action is limited, if

 

 

SB1888- 42 -LRB097 05170 AMC 45217 b

1judgment is entered for the plaintiff but reversed on appeal,
2or if there is a verdict in favor of the plaintiff and, upon a
3motion in arrest of judgment, the judgment is entered against
4the plaintiff, or the action is voluntarily dismissed by the
5plaintiff, or the action is dismissed for want of prosecution,
6or the action is dismissed by a United States District Court
7for lack of jurisdiction, or the action is dismissed by a
8United States District Court for improper venue, then, whether
9or not the time limitation for bringing such action expires
10during the pendency of such action, the plaintiff, his or her
11heirs, executors or administrators may commence a new action
12within one year or within the remaining period of limitation,
13whichever is greater, after such judgment is reversed or
14entered against the plaintiff, or after the action is
15voluntarily dismissed by the plaintiff, or the action is
16dismissed for want of prosecution, or the action is dismissed
17by a United States District Court for lack of jurisdiction, or
18the action is dismissed by a United States District Court for
19improper venue. No action which is voluntarily dismissed by the
20plaintiff or dismissed for want of prosecution by the court may
21be filed where the time for commencing the action has expired.
22    This amendatory Act of 1995 applies to causes of action
23accruing on or after its effective date.
24(Source: P.A. 87-1252.)
 
25    (735 ILCS 5/2-623 rep.)

 

 

SB1888- 43 -LRB097 05170 AMC 45217 b

1    (735 ILCS 5/2-624 rep.)
2    (735 ILCS 5/2-1115.05 rep.)
3    (735 ILCS 5/2-1115.1 rep.)
4    (735 ILCS 5/2-1115.2 rep.)
5    (735 ILCS 5/2-1706.5 rep.)
6    (735 ILCS 5/Art. II Pt. 21 rep.)
7    Section 25. The Code of Civil Procedure is amended by
8repealing Sections 2-623, 2-624, 2-1115.05, 2-1115.1,
92-1115.2, and 2-1706.5 and Part 21 of Article II.
 
10    Section 30. Sections 4 and 5 of the Joint Tortfeasor
11Contribution Act are re-enacted as follows:
 
12    (740 ILCS 100/4)  (from Ch. 70, par. 304)
13    Sec. 4. Rights of Plaintiff Unaffected. Except as provided
14in Section 3.5 of this Act, A plaintiff's right to recover the
15full amount of his judgment from any one or more defendants
16subject to liability in tort for the same injury to person or
17property, or for wrongful death, is not affected by the
18provisions of this Act.
19(Source: P.A. 81-601; 89-7.)
 
20    (740 ILCS 100/5)  (from Ch. 70, par. 305)
21    Sec. 5. Enforcement. Other than in actions for healing art
22malpractice, A cause of action for contribution among joint
23tortfeasors is not required to be asserted during the pendency

 

 

SB1888- 44 -LRB097 05170 AMC 45217 b

1of litigation brought by a claimant and may be asserted by a
2separate action before or after payment of a settlement or
3judgment in favor of the claimant, or may be asserted by
4counterclaim or by third-party complaint in a pending action.
5    This amendatory Act of 1995 applies to causes of action
6filed on or after its effective date.
7(Source: P.A. 81-601; 89-7.)
 
8    (740 ILCS 100/3.5 rep.)
9    Section 35. Section 3.5 of the Joint Tortfeasor
10Contribution Act is repealed.
 
11    Section 40. Sections 9 and 10 of the Mental Health and
12Developmental Disabilities Confidentiality Act are re-enacted
13as follows:
 
14    (740 ILCS 110/9)  (from Ch. 91 1/2, par. 809)
15    Sec. 9. In the course of providing services and after the
16conclusion of the provision of services, a therapist may
17disclose a record or communications without consent to:
18        (1) the therapist's supervisor, a consulting
19    therapist, members of a staff team participating in the
20    provision of services, a record custodian, or a person
21    acting under the supervision and control of the therapist;
22        (2) persons conducting a peer review of the services
23    being provided;

 

 

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1        (3) the Institute for Juvenile Research and the
2    Institute for the Study of Developmental Disabilities;
3        (4) an attorney or advocate consulted by a therapist or
4    agency which provides services concerning the therapist's
5    or agency's legal rights or duties in relation to the
6    recipient and the services being provided; and
7        (5) the Inspector General of the Department of Children
8    and Family Services when such records or communications are
9    relevant to a pending investigation authorized by Section
10    35.5 of the Children and Family Services Act where:
11            (A) the recipient was either (i) a parent, foster
12        parent, or caretaker who is an alleged perpetrator of
13        abuse or neglect or the subject of a dependency
14        investigation or (ii) a non-ward victim of alleged
15        abuse or neglect, and
16            (B) available information demonstrates that the
17        mental health of the recipient was or should have been
18        an issue to the safety of the child.
19    In the course of providing services, a therapist may
20disclose a record or communications without consent to any
21department, agency, institution or facility which has custody
22of the recipient pursuant to State statute or any court order
23of commitment.
24    Information may be disclosed under this Section only to the
25extent that knowledge of the record or communications is
26essential to the purpose for which disclosure is made and only

 

 

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1after the recipient is informed that such disclosure may be
2made. A person to whom disclosure is made under this Section
3shall not redisclose any information except as provided in this
4Act.
5(Source: P.A. 86-955; 90-512, eff. 8-22-97.)
 
6    (740 ILCS 110/10)  (from Ch. 91 1/2, par. 810)
7    Sec. 10. (a) Except as provided herein, in any civil,
8criminal, administrative, or legislative proceeding, or in any
9proceeding preliminary thereto, a recipient, and a therapist on
10behalf and in the interest of a recipient, has the privilege to
11refuse to disclose and to prevent the disclosure of the
12recipient's record or communications.
13        (1) Records and communications may be disclosed in a
14    civil, criminal or administrative proceeding in which the
15    recipient introduces his mental condition or any aspect of
16    his services received for such condition as an element of
17    his claim or defense, if and only to the extent the court
18    in which the proceedings have been brought, or, in the case
19    of an administrative proceeding, the court to which an
20    appeal or other action for review of an administrative
21    determination may be taken, finds, after in camera
22    examination of testimony or other evidence, that it is
23    relevant, probative, not unduly prejudicial or
24    inflammatory, and otherwise clearly admissible; that other
25    satisfactory evidence is demonstrably unsatisfactory as

 

 

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1    evidence of the facts sought to be established by such
2    evidence; and that disclosure is more important to the
3    interests of substantial justice than protection from
4    injury to the therapist-recipient relationship or to the
5    recipient or other whom disclosure is likely to harm.
6    Except in a criminal proceeding in which the recipient, who
7    is accused in that proceeding, raises the defense of
8    insanity, no record or communication between a therapist
9    and a recipient shall be deemed relevant for purposes of
10    this subsection, except the fact of treatment, the cost of
11    services and the ultimate diagnosis unless the party
12    seeking disclosure of the communication clearly
13    establishes in the trial court a compelling need for its
14    production. However, for purposes of this Act, in any
15    action brought or defended under the Illinois Marriage and
16    Dissolution of Marriage Act, or in any action in which pain
17    and suffering is an element of the claim, mental condition
18    shall not be deemed to be introduced merely by making such
19    claim and shall be deemed to be introduced only if the
20    recipient or a witness on his behalf first testifies
21    concerning the record or communication.
22        (2) Records or communications may be disclosed in a
23    civil proceeding after the recipient's death when the
24    recipient's physical or mental condition has been
25    introduced as an element of a claim or defense by any party
26    claiming or defending through or as a beneficiary of the

 

 

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1    recipient, provided the court finds, after in camera
2    examination of the evidence, that it is relevant,
3    probative, and otherwise clearly admissible; that other
4    satisfactory evidence is not available regarding the facts
5    sought to be established by such evidence; and that
6    disclosure is more important to the interests of
7    substantial justice than protection from any injury which
8    disclosure is likely to cause.
9        (3) In the event of a claim made or an action filed by
10    a recipient, or, following the recipient's death, by any
11    party claiming as a beneficiary of the recipient for injury
12    caused in the course of providing services to such
13    recipient, the therapist and other persons whose actions
14    are alleged to have been the cause of injury may disclose
15    pertinent records and communications to an attorney or
16    attorneys engaged to render advice about and to provide
17    representation in connection with such matter and to
18    persons working under the supervision of such attorney or
19    attorneys, and may testify as to such records or
20    communication in any administrative, judicial or discovery
21    proceeding for the purpose of preparing and presenting a
22    defense against such claim or action.
23        (4) Records and communications made to or by a
24    therapist in the course of examination ordered by a court
25    for good cause shown may, if otherwise relevant and
26    admissible, be disclosed in a civil, criminal, or

 

 

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1    administrative proceeding in which the recipient is a party
2    or in appropriate pretrial proceedings, provided such
3    court has found that the recipient has been as adequately
4    and as effectively as possible informed before submitting
5    to such examination that such records and communications
6    would not be considered confidential or privileged. Such
7    records and communications shall be admissible only as to
8    issues involving the recipient's physical or mental
9    condition and only to the extent that these are germane to
10    such proceedings.
11        (5) Records and communications may be disclosed in a
12    proceeding under the Probate Act of 1975, to determine a
13    recipient's competency or need for guardianship, provided
14    that the disclosure is made only with respect to that
15    issue.
16        (6) Records and communications may be disclosed when
17    such are made during treatment which the recipient is
18    ordered to undergo to render him fit to stand trial on a
19    criminal charge, provided that the disclosure is made only
20    with respect to the issue of fitness to stand trial.
21        (7) Records and communications of the recipient may be
22    disclosed in any civil or administrative proceeding
23    involving the validity of or benefits under a life,
24    accident, health or disability insurance policy or
25    certificate, or Health Care Service Plan Contract,
26    insuring the recipient, but only if and to the extent that

 

 

SB1888- 50 -LRB097 05170 AMC 45217 b

1    the recipient's mental condition, or treatment or services
2    in connection therewith, is a material element of any claim
3    or defense of any party, provided that information sought
4    or disclosed shall not be redisclosed except in connection
5    with the proceeding in which disclosure is made.
6        (8) Records or communications may be disclosed when
7    such are relevant to a matter in issue in any action
8    brought under this Act and proceedings preliminary
9    thereto, provided that any information so disclosed shall
10    not be utilized for any other purpose nor be redisclosed
11    except in connection with such action or preliminary
12    proceedings.
13        (9) Records and communications of the recipient may be
14    disclosed in investigations of and trials for homicide when
15    the disclosure relates directly to the fact or immediate
16    circumstances of the homicide.
17        (10) Records and communications of a deceased
18    recipient may be disclosed to a coroner conducting a
19    preliminary investigation into the recipient's death under
20    Section 3-3013 of the Counties Code. However, records and
21    communications of the deceased recipient disclosed in an
22    investigation shall be limited solely to the deceased
23    recipient's records and communications relating to the
24    factual circumstances of the incident being investigated
25    in a mental health facility.
26        (11) Records and communications of a recipient shall be

 

 

SB1888- 51 -LRB097 05170 AMC 45217 b

1    disclosed in a proceeding where a petition or motion is
2    filed under the Juvenile Court Act of 1987 and the
3    recipient is named as a parent, guardian, or legal
4    custodian of a minor who is the subject of a petition for
5    wardship as described in Section 2-3 of that Act or a minor
6    who is the subject of a petition for wardship as described
7    in Section 2-4 of that Act alleging the minor is abused,
8    neglected, or dependent or the recipient is named as a
9    parent of a child who is the subject of a petition,
10    supplemental petition, or motion to appoint a guardian with
11    the power to consent to adoption under Section 2-29 of the
12    Juvenile Court Act of 1987.
13        (12) Records and communications of a recipient may be
14    disclosed when disclosure is necessary to collect sums or
15    receive third party payment representing charges for
16    mental health or developmental disabilities services
17    provided by a therapist or agency to a recipient; however,
18    disclosure shall be limited to information needed to pursue
19    collection, and the information so disclosed may not be
20    used for any other purposes nor may it be redisclosed
21    except in connection with collection activities. Whenever
22    records are disclosed pursuant to this subdivision (12),
23    the recipient of the records shall be advised in writing
24    that any person who discloses mental health records and
25    communications in violation of this Act may be subject to
26    civil liability pursuant to Section 15 of this Act or to

 

 

SB1888- 52 -LRB097 05170 AMC 45217 b

1    criminal penalties pursuant to Section 16 of this Act or
2    both.
3    (b) Before a disclosure is made under subsection (a), any
4party to the proceeding or any other interested person may
5request an in camera review of the record or communications to
6be disclosed. The court or agency conducting the proceeding may
7hold an in camera review on its own motion. When, contrary to
8the express wish of the recipient, the therapist asserts a
9privilege on behalf and in the interest of a recipient, the
10court may require that the therapist, in an in camera hearing,
11establish that disclosure is not in the best interest of the
12recipient. The court or agency may prevent disclosure or limit
13disclosure to the extent that other admissible evidence is
14sufficient to establish the facts in issue. The court or agency
15may enter such orders as may be necessary in order to protect
16the confidentiality, privacy, and safety of the recipient or of
17other persons. Any order to disclose or to not disclose shall
18be considered a final order for purposes of appeal and shall be
19subject to interlocutory appeal.
20    (c) A recipient's records and communications may be
21disclosed to a duly authorized committee, commission or
22subcommittee of the General Assembly which possesses subpoena
23and hearing powers, upon a written request approved by a
24majority vote of the committee, commission or subcommittee
25members. The committee, commission or subcommittee may request
26records only for the purposes of investigating or studying

 

 

SB1888- 53 -LRB097 05170 AMC 45217 b

1possible violations of recipient rights. The request shall
2state the purpose for which disclosure is sought.
3    The facility shall notify the recipient, or his guardian,
4and therapist in writing of any disclosure request under this
5subsection within 5 business days after such request. Such
6notification shall also inform the recipient, or guardian, and
7therapist of their right to object to the disclosure within 10
8business days after receipt of the notification and shall
9include the name, address and telephone number of the
10committee, commission or subcommittee member or staff person
11with whom an objection shall be filed. If no objection has been
12filed within 15 business days after the request for disclosure,
13the facility shall disclose the records and communications to
14the committee, commission or subcommittee. If an objection has
15been filed within 15 business days after the request for
16disclosure, the facility shall disclose the records and
17communications only after the committee, commission or
18subcommittee has permitted the recipient, guardian or
19therapist to present his objection in person before it and has
20renewed its request for disclosure by a majority vote of its
21members.
22    Disclosure under this subsection shall not occur until all
23personally identifiable data of the recipient and provider are
24removed from the records and communications. Disclosure under
25this subsection shall not occur in any public proceeding.
26    (d) No party to any proceeding described under paragraphs

 

 

SB1888- 54 -LRB097 05170 AMC 45217 b

1(1), (2), (3), (4), (7), or (8) of subsection (a) of this
2Section, nor his or her attorney, shall serve a subpoena
3seeking to obtain access to records or communications under
4this Act unless the subpoena is accompanied by a written order
5issued by a judge, authorizing the disclosure of the records or
6the issuance of the subpoena. No such written order shall be
7issued without written notice of the motion to the recipient
8and the treatment provider. Prior to issuance of the order,
9each party or other person entitled to notice shall be
10permitted an opportunity to be heard pursuant to subsection (b)
11of this Section. No person shall comply with a subpoena for
12records or communications under this Act, unless the subpoena
13is accompanied by a written order authorizing the issuance of
14the subpoena or the disclosure of the records. Each subpoena
15duces tecum issued by a court or administrative agency or
16served on any person pursuant to this subsection (d) shall
17include the following language: "No person shall comply with a
18subpoena for mental health records or communications pursuant
19to Section 10 of the Mental Health and Developmental
20Disabilities Confidentiality Act, 740 ILCS 110/10, unless the
21subpoena is accompanied by a written order that authorizes the
22issuance of the subpoena and the disclosure of records or
23communications."
24    (e) When a person has been transported by a peace officer
25to a mental health facility, then upon the request of a peace
26officer, if the person is allowed to leave the mental health

 

 

SB1888- 55 -LRB097 05170 AMC 45217 b

1facility within 48 hours of arrival, excluding Saturdays,
2Sundays, and holidays, the facility director shall notify the
3local law enforcement authority prior to the release of the
4person. The local law enforcement authority may re-disclose the
5information as necessary to alert the appropriate enforcement
6or prosecuting authority.
7    (f) A recipient's records and communications shall be
8disclosed to the Inspector General of the Department of Human
9Services within 10 business days of a request by the Inspector
10General (i) in the course of an investigation authorized by the
11Department of Human Services Act and applicable rule or (ii)
12during the course of an assessment authorized by the Abuse of
13Adults with Disabilities Intervention Act and applicable rule.
14The request shall be in writing and signed by the Inspector
15General or his or her designee. The request shall state the
16purpose for which disclosure is sought. Any person who
17knowingly and willfully refuses to comply with such a request
18is guilty of a Class A misdemeanor. A recipient's records and
19communications shall also be disclosed pursuant to subsection
20(g-5) of Section 1-17 of the Department of Human Services Act
21in testimony at health care worker registry hearings or
22preliminary proceedings when such are relevant to the matter in
23issue, provided that any information so disclosed shall not be
24utilized for any other purpose nor be redisclosed except in
25connection with such action or preliminary proceedings.
26(Source: P.A. 96-406, eff. 8-13-09; 96-1399, eff. 7-29-10;

 

 

SB1888- 56 -LRB097 05170 AMC 45217 b

196-1453, eff. 8-20-10.)
 
2    Section 45. Sections 2 and 3 of the Premises Liability Act
3are re-enacted as follows:
 
4    (740 ILCS 130/2)  (from Ch. 80, par. 302)
5    Sec. 2. The distinction under the common law between
6invitees and licensees as to the duty owed by an owner or
7occupier of any premises to such entrants is abolished.
8    The duty owed to such entrants is that of reasonable care
9under the circumstances regarding the state of the premises or
10acts done or omitted on them. The duty of reasonable care under
11the circumstances which an owner or occupier of land owes to
12such entrants does not include any of the following: a duty to
13warn of or otherwise take reasonable steps to protect such
14entrants from conditions on the premises that are known to the
15entrant, are open and obvious, or can reasonably be expected to
16be discovered by the entrant; a duty to warn of latent defects
17or dangers or defects or dangers unknown to the owner or
18occupier of the premises; a duty to warn such entrants of any
19dangers resulting from misuse by the entrants of the premises
20or anything affixed to or located on the premises; or a duty to
21protect such entrants from their own misuse of the premises or
22anything affixed to or located on the premises.
23    This amendatory Act of 1995 applies to causes of action
24accruing on or after its effective date.

 

 

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1(Source: P.A. 83-1398; 89-7.)
 
2    (740 ILCS 130/3)  (from Ch. 80, par. 303)
3    Sec. 3. Nothing herein affects the law as regards any
4category of trespasser, including the trespassing child
5entrant. An owner or occupier of land owes no duty of care to
6an adult trespasser other than to refrain from willful and
7wanton conduct that would endanger the safety of a known
8trespasser on the property from a condition of the property or
9an activity conducted by the owner or occupier on the property.
10    This amendatory Act of 1995 applies only to causes of
11action accruing on or after its effective date.
12(Source: P.A. 83-1398; 89-7.)
 
13    Section 50. Sections 1 and 2 of the Wrongful Death Act are
14re-enacted as follows:
 
15    (740 ILCS 180/1)  (from Ch. 70, par. 1)
16    Sec. 1. Whenever the death of a person shall be caused by
17wrongful act, neglect or default, and the act, neglect or
18default is such as would, if death had not ensued, have
19entitled the party injured to maintain an action and recover
20damages in respect thereof, then and in every such case the
21person who or company or corporation which would have been
22liable if death had not ensued, shall be liable to an action
23for damages, notwithstanding the death of the person injured,

 

 

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1and although the death shall have been caused under such
2circumstances as amount in law to felony. No action may be
3brought under this Act if the decedent had brought a cause of
4action with respect to the same underlying incident or
5occurrence which was settled or on which judgment was rendered.
6    This amendatory Act of 1995 applies to causes of action
7accruing on or after its effective date.
8(Source: Laws 1853, p. 97; P.A. 89-7.)
 
9    (740 ILCS 180/2)  (from Ch. 70, par. 2)
10    Sec. 2. Every such action shall be brought by and in the
11names of the personal representatives of such deceased person,
12and, except as otherwise hereinafter provided, the amount
13recovered in every such action shall be for the exclusive
14benefit of the surviving spouse and next of kin of such
15deceased person. In every such action the jury may give such
16damages as they shall deem a fair and just compensation with
17reference to the pecuniary injuries resulting from such death,
18including damages for grief, sorrow, and mental suffering, to
19the surviving spouse and next of kin of such deceased person.
20    The amount recovered in any such action shall be
21distributed by the court in which the cause is heard or, in the
22case of an agreed settlement, by the circuit court, to each of
23the surviving spouse and next of kin of such deceased person in
24the proportion, as determined by the court, that the percentage
25of dependency of each such person upon the deceased person

 

 

SB1888- 59 -LRB097 05170 AMC 45217 b

1bears to the sum of the percentages of dependency of all such
2persons upon the deceased person.
3    Where the deceased person left no surviving spouse or next
4of kin entitled to recovery, the damages shall, subject to the
5following limitations inure, to the exclusive benefit of the
6following persons, or any one or more of them:
7    (a) to the person or persons furnishing hospitalization or
8hospital services in connection with the last illness or injury
9of the deceased person, not exceeding $450;
10    (b) to the person or persons furnishing medical or surgical
11services in connection with such last illness or injury, not
12exceeding $450;
13    (c) to the personal representatives, as such, for the costs
14and expenses of administering the estate and prosecuting or
15compromising the action, including a reasonable attorney's
16fee. In any such case the measure of damages to be recovered
17shall be the total of the reasonable value of such
18hospitalization or hospital service, medical and surgical
19services, funeral expenses, and such costs and expenses of
20administration, including attorney fees, not exceeding the
21foregoing limitations for each class of such expenses and not
22exceeding $900 plus a reasonable attorney's fee.
23    Every such action shall be commenced within 2 years after
24the death of such person but an action against a defendant
25arising from a crime committed by the defendant in whose name
26an escrow account was established under the "Criminal Victims'

 

 

SB1888- 60 -LRB097 05170 AMC 45217 b

1Escrow Account Act" shall be commenced within 2 years after the
2establishment of such account. For the purposes of this Section
32, next of kin includes an adopting parent and an adopted
4child, and they shall be treated as a natural parent and a
5natural child, respectively. However, if a person entitled to
6recover benefits under this Act, is, at the time the cause of
7action accrued, within the age of 18 years, he or she may cause
8such action to be brought within 2 years after attainment of
9the age of 18.
10    In any such action to recover damages, it shall not be a
11defense that the death was caused in whole or in part by the
12contributory negligence of one or more of the beneficiaries on
13behalf of whom the action is brought, but the amount of damages
14given shall be reduced in the following manner.
15    The trier of fact shall first determine the decedent's
16contributory fault in accordance with Sections 2-1116 and
172-1107.1 of the Code of Civil Procedure. Recovery of damages
18shall be barred or diminished accordingly. The trier of fact
19shall then determine the contributory fault, if any, of each
20beneficiary on behalf of whom the action was brought:
21        (1) Where the trier of fact finds that the contributory
22    fault of a beneficiary on whose behalf the action is
23    brought is not more than 50% of the proximate cause of the
24    wrongful death of the decedent, then the damages allowed to
25    that beneficiary shall be diminished in proportion to the
26    contributory fault attributed to that beneficiary. The

 

 

SB1888- 61 -LRB097 05170 AMC 45217 b

1    amount of the reduction shall not be payable by any
2    defendant.
3        (2) Where the trier of fact finds that the contributory
4    fault of a beneficiary on whose behalf the action is
5    brought is more than 50% of the proximate cause of the
6    wrongful death of the decedent, then the beneficiary shall
7    be barred from recovering damages and the amount of damages
8    which would have been payable to that beneficiary, but for
9    the beneficiary's contributory fault, shall not inure to
10    the benefit of the remaining beneficiaries and shall not be
11    payable by any defendant.
12    The trial judge shall conduct a hearing to determine the
13degree of dependency of each beneficiary upon the decedent. The
14trial judge shall calculate the amount of damages to be awarded
15each beneficiary, taking into account any reduction arising
16from either the decedent's or the beneficiary's contributory
17fault.
18    This amendatory Act of the 91st General Assembly applies to
19all actions pending on or filed after the effective date of
20this amendatory Act.
21    This amendatory Act of the 95th General Assembly applies to
22causes of actions accruing on or after its effective date.
23(Source: P.A. 95-3, eff. 5-31-07.)
 
24    (745 ILCS 10/Art. VIA heading rep.)
25    (745 ILCS 10/6A-101 rep.)

 

 

SB1888- 62 -LRB097 05170 AMC 45217 b

1    (745 ILCS 10/6A-105 rep.)
2    Section 55. Article VIA of the Local Governmental and
3Governmental Employees Tort Immunity Act is repealed.
 
4    Section 60. Section 10b of the Consumer Fraud and Deceptive
5Business Practices Act is re-enacted as follows:
 
6    (815 ILCS 505/10b)  (from Ch. 121 1/2, par. 270b)
7    Sec. 10b. Nothing in this Act shall apply to any of the
8following:
9    (1) Actions or transactions specifically authorized by
10laws administered by any regulatory body or officer acting
11under statutory authority of this State or the United States.
12    (2) The provisions of "An act to protect trademark owners,
13distributors, and the public against injurious and uneconomic
14practices in the distribution of articles of standard quality
15under a trademark, brand or name," approved July 8, 1935, as
16amended.
17    (3) Acts done by the publisher, owner, agent, or employee
18of a newspaper, periodical or radio or television station in
19the publication or dissemination of an advertisement, when the
20owner, agent or employee did not have knowledge of the false,
21misleading or deceptive character of the advertisement, did not
22prepare the advertisement, or did not have a direct financial
23interest in the sale or distribution of the advertised product
24or service.

 

 

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1    (4) The communication of any false, misleading or deceptive
2information, provided by the seller of real estate located in
3Illinois, by a real estate salesman or broker licensed under
4"The Real Estate Brokers License Act", unless the salesman or
5broker knows of the false, misleading or deceptive character of
6such information. This provision shall be effective as to any
7communication, whenever occurring.
8    (5) (Blank). This item (5)
9    (6) The communication of any false, misleading, or
10deceptive information by an insurance producer, registered
11firm, or limited insurance representative, as those terms are
12defined in the Illinois Insurance Code, or by an insurance
13agency or brokerage house concerning the sale, placement,
14procurement, renewal, binding, cancellation of, or terms of any
15type of insurance or any policy of insurance unless the
16insurance producer has actual knowledge of the false,
17misleading, or deceptive character of the information. This
18provision shall be effective as to any communications, whenever
19occurring. This item (6) applies to all causes of action that
20accrue on or after the effective date of this amendatory Act of
211995.
22(Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)
 
23    Section 65. Section 5 of the Workers' Compensation Act is
24re-enacted as follows:
 

 

 

SB1888- 64 -LRB097 05170 AMC 45217 b

1    (820 ILCS 305/5)  (from Ch. 48, par. 138.5)
2    Sec. 5. (a) No common law or statutory right to recover
3damages from the employer, his insurer, his broker, any service
4organization retained by the employer, his insurer or his
5broker to provide safety service, advice or recommendations for
6the employer or the agents or employees of any of them for
7injury or death sustained by any employee while engaged in the
8line of his duty as such employee, other than the compensation
9herein provided, is available to any employee who is covered by
10the provisions of this Act, to any one wholly or partially
11dependent upon him, the legal representatives of his estate, or
12any one otherwise entitled to recover damages for such injury.
13    However, in any action now pending or hereafter begun to
14enforce a common law or statutory right to recover damages for
15negligently causing the injury or death of any employee it is
16not necessary to allege in the complaint that either the
17employee or the employer or both were not governed by the
18provisions of this Act or of any similar Act in force in this
19or any other State.
20    Any illegally employed minor or his legal representatives
21shall, except as hereinafter provided, have the right within 6
22months after the time of injury or death, or within 6 months
23after the appointment of a legal representative, whichever
24shall be later, to file with the Commission a rejection of his
25right to the benefits under this Act, in which case such
26illegally employed minor or his legal representatives shall

 

 

SB1888- 65 -LRB097 05170 AMC 45217 b

1have the right to pursue his or their common law or statutory
2remedies to recover damages for such injury or death.
3    No payment of compensation under this Act shall be made to
4an illegally employed minor, or his legal representatives,
5unless such payment and the waiver of his right to reject the
6benefits of this Act has first been approved by the Commission
7or any member thereof, and if such payment and the waiver of
8his right of rejection has been so approved such payment is a
9bar to a subsequent rejection of the provisions of this Act.
10    (b) Where the injury or death for which compensation is
11payable under this Act was caused under circumstances creating
12a legal liability for damages on the part of some person other
13than his employer to pay damages, then legal proceedings may be
14taken against such other person to recover damages
15notwithstanding such employer's payment of or liability to pay
16compensation under this Act. In such case, however, if the
17action against such other person is brought by the injured
18employee or his personal representative and judgment is
19obtained and paid, or settlement is made with such other
20person, either with or without suit, then from the amount
21received by such employee or personal representative there
22shall be paid to the employer the amount of compensation paid
23or to be paid by him to such employee or personal
24representative including amounts paid or to be paid pursuant to
25paragraph (a) of Section 8 of this Act. If the employee or
26personal representative brings an action against another

 

 

SB1888- 66 -LRB097 05170 AMC 45217 b

1person and the other person then brings an action for
2contribution against the employer, the amount, if any, that
3shall be paid to the employer by the employee or personal
4representative pursuant to this Section shall be reduced by an
5amount equal to the amount found by the trier of fact to be the
6employer's pro rata share of the common liability in the
7action.
8    Out of any reimbursement received by the employer pursuant
9to this Section the employer shall pay his pro rata share of
10all costs and reasonably necessary expenses in connection with
11such third-party claim, action or suit and where the services
12of an attorney at law of the employee or dependents have
13resulted in or substantially contributed to the procurement by
14suit, settlement or otherwise of the proceeds out of which the
15employer is reimbursed, then, in the absence of other
16agreement, the employer shall pay such attorney 25% of the
17gross amount of such reimbursement.
18    If the injured employee or his personal representative
19agrees to receive compensation from the employer or accept from
20the employer any payment on account of such compensation, or to
21institute proceedings to recover the same, the employer may
22have or claim a lien upon any award, judgment or fund out of
23which such employee might be compensated from such third party.
24    In such actions brought by the employee or his personal
25representative, he shall forthwith notify his employer by
26personal service or registered mail, of such fact and of the

 

 

SB1888- 67 -LRB097 05170 AMC 45217 b

1name of the court in which the suit is brought, filing proof
2thereof in the action. The employer may, at any time thereafter
3join in the action upon his motion so that all orders of court
4after hearing and judgment shall be made for his protection. No
5release or settlement of claim for damages by reason of such
6injury or death, and no satisfaction of judgment in such
7proceedings shall be valid without the written consent of both
8employer and employee or his personal representative, except in
9the case of the employers, such consent is not required where
10the employer has been fully indemnified or protected by Court
11order.
12    In the event the employee or his personal representative
13fails to institute a proceeding against such third person at
14any time prior to 3 months before such action would be barred,
15the employer may in his own name or in the name of the
16employee, or his personal representative, commence a
17proceeding against such other person for the recovery of
18damages on account of such injury or death to the employee, and
19out of any amount recovered the employer shall pay over to the
20injured employee or his personal representatives all sums
21collected from such other person by judgment or otherwise in
22excess of the amount of such compensation paid or to be paid
23under this Act, including amounts paid or to be paid pursuant
24to paragraph (a) of Section 8 of this Act, and costs,
25attorney's fees and reasonable expenses as may be incurred by
26such employer in making such collection or in enforcing such

 

 

SB1888- 68 -LRB097 05170 AMC 45217 b

1liability.
2    This amendatory Act of 1995 applies to causes of action
3accruing on or after its effective date.
4(Source: P.A. 79-79; 89-7.)
 
5    Section 70. Section 5 of the Workers' Occupational
6Diseases Act is re-enacted as follows:
 
7    (820 ILCS 310/5)  (from Ch. 48, par. 172.40)
8    Sec. 5. (a) There is no common law or statutory right to
9recover compensation or damages from the employer, his insurer,
10his broker, any service organization retained by the employer,
11his insurer or his broker to provide safety service, advice or
12recommendations for the employer or the agents or employees of
13any of them for or on account of any injury to health, disease,
14or death therefrom, other than for the compensation herein
15provided or for damages as provided in Section 3 of this Act.
16This Section shall not affect any right to compensation under
17the "Workers' Compensation Act".
18    No compensation is payable under this Act for any condition
19of physical or mental ill-being, disability, disablement, or
20death for which compensation is recoverable on account of
21accidental injury under the "Workers' Compensation Act".
22    (b) Where the disablement or death for which compensation
23is payable under this Act was caused under circumstances
24creating a legal liability for damages on the part of some

 

 

SB1888- 69 -LRB097 05170 AMC 45217 b

1person other than his employer to pay damages, then legal
2proceedings may be taken against such other person to recover
3damages notwithstanding such employer's payment of or
4liability to pay compensation under this Act. In such case,
5however, if the action against such other person is brought by
6the disabled employee or his personal representative and
7judgment is obtained and paid or settlement is made with such
8other person, either with or without suit, then from the amount
9received by such employee or personal representative there
10shall be paid to the employer the amount of compensation paid
11or to be paid by him to such employee or personal
12representative, including amounts paid or to be paid pursuant
13to paragraph (a) of Section 8 of the Workers' Compensation Act
14as required under Section 7 of this Act. If the employee or
15personal representative brings an action against another
16person and the other person then brings an action for
17contribution against the employer, the amount, if any, that
18shall be paid to the employer by the employee or personal
19representative pursuant to this Section shall be reduced by an
20amount equal to the amount found by the trier of fact to be the
21employer's pro rata share of the common liability in the
22action.
23    Out of any reimbursement received by the employer, pursuant
24to this Section the employer shall pay his pro rata share of
25all costs and reasonably necessary expenses in connection with
26such third party claim, action or suit, and where the services

 

 

SB1888- 70 -LRB097 05170 AMC 45217 b

1of an attorney at law of the employee or dependents have
2resulted in or substantially contributed to the procurement by
3suit, settlement or otherwise of the proceeds out of which the
4employer is reimbursed, then, in the absence of other
5agreement, the employer shall pay such attorney 25% of the
6gross amount of such reimbursement.
7    If the disabled employee or his personal representative
8agrees to receive compensation from the employer or accept from
9the employer any payment on account of such compensation, or to
10institute proceedings to recover the same, the employer may
11have or claim a lien upon any award, judgment or fund out of
12which such employee might be compensated from such third party.
13    In such actions brought by the employee or his personal
14representative, he shall forthwith notify his employer by
15personal service or registered mail, of such fact and of the
16name of the court in which the suit is brought, filing proof
17thereof in the action. The employer may, at any time thereafter
18join in the action upon his motion so that all orders of court
19after hearing and judgment shall be made for his protection. No
20release or settlement of claim for damages by reason of such
21disability or death, and no satisfaction of judgment in such
22proceedings, are valid without the written consent of both
23employer and employee or his personal representative, except in
24the case of the employers, such consent is not required where
25the employer has been fully indemnified or protected by court
26order.

 

 

SB1888- 71 -LRB097 05170 AMC 45217 b

1    In the event the employee or his personal representative
2fails to institute a proceeding against such third person at
3any time prior to 3 months before such action would be barred
4at law the employer may in his own name, or in the name of the
5employee or his personal representative, commence a proceeding
6against such other person for the recovery of damages on
7account of such disability or death to the employee, and out of
8any amount recovered the employer shall pay over to the injured
9employee or his personal representative all sums collected from
10such other person by judgment or otherwise in excess of the
11amount of such compensation paid or to be paid under this Act,
12including amounts paid or to be paid pursuant to paragraph (a)
13of Section 8 of the Workers' Compensation Act as required by
14Section 7 of this Act, and costs, attorney's fees and
15reasonable expenses as may be incurred by such employer in
16making such collection or in enforcing such liability.
17    This amendatory Act of 1995 applies to causes of action
18accruing on or after its effective date.
19(Source: P.A. 81-992; 89-7.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.

 

 

SB1888- 72 -LRB097 05170 AMC 45217 b

1 INDEX
2 Statutes amended in order of appearance
3    430 ILCS 105/Act title
4    430 ILCS 105/0.01from Ch. 121, par. 314.01
5    430 ILCS 105/1from Ch. 121, par. 314.1
6    430 ILCS 105/2from Ch. 121, par. 314.2
7    430 ILCS 105/3from Ch. 121, par. 314.3
8    430 ILCS 105/4from Ch. 121, par. 314.4
9    430 ILCS 105/5from Ch. 121, par. 314.5
10    430 ILCS 105/6from Ch. 121, par. 314.6
11    430 ILCS 105/7from Ch. 121, par. 314.7
12    430 ILCS 105/8from Ch. 121, par. 314.8
13    710 ILCS 45/Act rep.
14    730 ILCS 5/5-5-7from Ch. 38, par. 1005-5-7
15    735 ILCS 5/2-402from Ch. 110, par. 2-402
16    735 ILCS 5/2-604.1from Ch. 110, par. 2-604.1
17    735 ILCS 5/2-621from Ch. 110, par. 2-621
18    735 ILCS 5/2-1003from Ch. 110, par. 2-1003
19    735 ILCS 5/2-1107.1from Ch. 110, par. 2-1107.1
20    735 ILCS 5/2-1109from Ch. 110, par. 2-1109
21    735 ILCS 5/2-1116from Ch. 110, par. 2-1116
22    735 ILCS 5/2-1117from Ch. 110, par. 2-1117
23    735 ILCS 5/2-1118
24    735 ILCS 5/2-1205.1from Ch. 110, par. 2-1205.1
25    735 ILCS 5/2-1702from Ch. 110, par. 2-1702

 

 

SB1888- 73 -LRB097 05170 AMC 45217 b

1    735 ILCS 5/8-802from Ch. 110, par. 8-802
2    735 ILCS 5/8-2001from Ch. 110, par. 8-2001
3    735 ILCS 5/8-2501from Ch. 110, par. 8-2501
4    735 ILCS 5/13-213from Ch. 110, par. 13-213
5    735 ILCS 5/13-214.3from Ch. 110, par. 13-214.3
6    735 ILCS 5/13-217from Ch. 110, par. 13-217
7    735 ILCS 5/2-623 rep.
8    735 ILCS 5/2-624 rep.
9    735 ILCS 5/2-1115.05 rep.
10    735 ILCS 5/2-1115.1 rep.
11    735 ILCS 5/2-1115.2 rep.
12    735 ILCS 5/2-1706.5 rep.
13    735 ILCS 5/Art. II Pt. 21
14    rep.
15    740 ILCS 100/4from Ch. 70, par. 304
16    740 ILCS 100/5from Ch. 70, par. 305
17    740 ILCS 100/3.5 rep.
18    740 ILCS 110/9from Ch. 91 1/2, par. 809
19    740 ILCS 110/10from Ch. 91 1/2, par. 810
20    740 ILCS 130/2from Ch. 80, par. 302
21    740 ILCS 130/3from Ch. 80, par. 303
22    740 ILCS 180/1from Ch. 70, par. 1
23    740 ILCS 180/2from Ch. 70, par. 2
24    745 ILCS 10/Art. VIA
25    heading rep.
26    745 ILCS 10/6A-101 rep.

 

 

SB1888- 74 -LRB097 05170 AMC 45217 b

1    745 ILCS 10/6A-105 rep.
2    815 ILCS 505/10bfrom Ch. 121 1/2, par. 270b
3    820 ILCS 305/5from Ch. 48, par. 138.5
4    820 ILCS 310/5from Ch. 48, par. 172.40