Full Text of HB6083 99th General Assembly
HB6083ham002 99TH GENERAL ASSEMBLY | Rep. Terri Bryant Filed: 3/31/2016
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| 1 | | AMENDMENT TO HOUSE BILL 6083
| 2 | | AMENDMENT NO. ______. Amend House Bill 6083 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as Molly's Law. | 5 | | Section 5. The Wrongful Death Act is amended by changing | 6 | | Section 2 as follows:
| 7 | | (740 ILCS 180/2) (from Ch. 70, par. 2)
| 8 | | Sec. 2. Every such action shall be brought by and in the | 9 | | names of
the personal representatives of such deceased person, | 10 | | and, except as
otherwise hereinafter provided, the amount | 11 | | recovered in every such
action shall be for the exclusive | 12 | | benefit of the surviving spouse and
next of kin of such | 13 | | deceased person. In every such action the jury
may give such | 14 | | damages as they shall deem a fair and just compensation
with | 15 | | reference to the pecuniary
injuries resulting from such death, |
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| 1 | | including damages for grief, sorrow, and mental suffering, to
| 2 | | the surviving spouse and next of kin of such deceased person.
| 3 | | The amount recovered in any such action shall be | 4 | | distributed by the
court in which the cause is heard or, in the | 5 | | case of an agreed
settlement, by the circuit court, to each of | 6 | | the surviving spouse and
next of kin of such deceased person in | 7 | | the proportion, as determined by
the court, that the percentage | 8 | | of dependency of each such person upon
the deceased person | 9 | | bears to the sum of the percentages of dependency of
all such | 10 | | persons upon the deceased person.
| 11 | | Where the deceased person left no surviving spouse or next | 12 | | of kin
entitled to recovery, the damages shall, subject to the | 13 | | following
limitations inure, to the exclusive benefit of the | 14 | | following persons, or
any one or more of them:
| 15 | | (a) to the person or persons furnishing hospitalization or | 16 | | hospital
services in connection with the last illness or injury | 17 | | of the deceased
person, not exceeding $450;
| 18 | | (b) to the person or persons furnishing medical or surgical | 19 | | services
in connection with such last illness or injury, not | 20 | | exceeding $450;
| 21 | | (c) to the personal representatives, as such, for the costs | 22 | | and
expenses of administering the estate and prosecuting or | 23 | | compromising the
action, including a reasonable attorney's | 24 | | fee. In any such case the
measure of damages to be recovered | 25 | | shall be the total of the reasonable
value of such | 26 | | hospitalization or hospital service, medical and surgical
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| 1 | | services, funeral expenses, and such costs and expenses of
| 2 | | administration, including attorney fees, not exceeding the | 3 | | foregoing
limitations for each class of such expenses and not | 4 | | exceeding $900 plus
a reasonable attorney's fee.
| 5 | | Except as otherwise provided in this Section, every Every | 6 | | such action shall be commenced within 2 years after the death
| 7 | | of such person but an action against a defendant arising from a | 8 | | crime committed
by the defendant in whose name an escrow | 9 | | account was established under the
"Criminal Victims' Escrow | 10 | | Account Act" shall be commenced within 2 years
after the | 11 | | establishment of such account. An action may be brought within | 12 | | 5 years after the date of the death if the death is the result | 13 | | of violent intentional conduct or within one year after the | 14 | | final disposition of the criminal case if the defendant is | 15 | | charged with: | 16 | | (i) first degree murder under Section 9-1 of the | 17 | | Criminal Code of 2012; | 18 | | (ii) intentional homicide of an unborn child under | 19 | | Section 9-1.2 of the Criminal Code of 2012; | 20 | | (iii) second degree murder under Section 9-2 of the | 21 | | Criminal Code of 2012; | 22 | | (iv) voluntary manslaughter of an unborn child under | 23 | | Section 9-2.1 of the Criminal Code of 2012; | 24 | | (v) involuntary manslaughter or reckless homicide | 25 | | under Section 9-3 of the Criminal Code of 2012; | 26 | | (vi) involuntary manslaughter or reckless homicide of |
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| 1 | | an unborn child under Section 9-3.2 of the Criminal Code of | 2 | | 2012; or | 3 | | (vii) drug-induced homicide under Section 9-3.3 of the | 4 | | Criminal Code of 2012. | 5 | | For the purposes of this Section
2, next of kin includes
an | 6 | | adopting parent and an adopted child, and they shall be treated | 7 | | as a
natural parent and a natural child, respectively. However, | 8 | | if a person
entitled to recover benefits under this Act, is, at | 9 | | the time the cause
of action accrued, within the age of 18 | 10 | | years, he or she may cause such
action to be brought within 2 | 11 | | years after attainment of the age of 18.
| 12 | | In any such action to recover damages, it
shall not be a | 13 | | defense that the death was caused in whole or in part by
the | 14 | | contributory negligence of one or more of the beneficiaries on
| 15 | | behalf of whom the action is brought, but the amount of
damages | 16 | | given shall
be reduced in the following manner.
| 17 | | The trier of fact shall first determine the decedent's
| 18 | | contributory fault in accordance with Sections 2-1116 and | 19 | | 2-1107.1 of the Code
of Civil Procedure. Recovery of damages | 20 | | shall be barred or diminished
accordingly. The trier of fact | 21 | | shall then determine the contributory fault, if
any, of each | 22 | | beneficiary on behalf of whom the action was brought:
| 23 | | (1) Where the trier of fact finds that the contributory | 24 | | fault of a
beneficiary on whose behalf the action is | 25 | | brought is
not more than 50% of the proximate cause of the | 26 | | wrongful death of the
decedent, then the damages allowed to |
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| 1 | | that beneficiary shall be
diminished in proportion to the
| 2 | | contributory fault attributed to that beneficiary. The | 3 | | amount of the reduction
shall not be
payable by any | 4 | | defendant.
| 5 | | (2) Where the trier of fact finds that the contributory | 6 | | fault of a
beneficiary on whose behalf the action is | 7 | | brought is
more than 50% of the proximate cause of the | 8 | | wrongful death of the decedent,
then the beneficiary shall | 9 | | be barred from recovering damages and the amount of
damages | 10 | | which would have been payable to that beneficiary, but for | 11 | | the
beneficiary's contributory fault, shall not inure to | 12 | | the benefit of the
remaining beneficiaries and shall not be | 13 | | payable by any defendant.
| 14 | | The trial judge shall conduct a hearing to determine the | 15 | | degree of
dependency of each beneficiary upon the decedent. The | 16 | | trial judge shall
calculate the amount of damages to be awarded | 17 | | each beneficiary, taking into
account any reduction arising | 18 | | from either the decedent's or the beneficiary's
contributory | 19 | | fault.
| 20 | | This amendatory Act of the 91st General Assembly applies to | 21 | | all actions
pending
on or filed after the effective date of | 22 | | this amendatory Act.
| 23 | | This amendatory Act of the 95th General Assembly applies to | 24 | | causes of actions accruing on or after its effective date.
| 25 | | (Source: P.A. 95-3, eff. 5-31-07.)".
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