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| [ House Amendment 001 ] |
91_HB0537
LRB9102373RCks
1 AN ACT to amend the Wrongful Death Act by changing
2 Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wrongful Death Act is amended by
6 changing Section 1 as follows:
7 (740 ILCS 180/1) (from Ch. 70, par. 1)
8 (Text of Section WITHOUT the changes made by P.A. 89-7,
9 which has been held unconstitutional)
10 Sec. 1. Cause of action.
11 (a) Whenever the death of a person shall be caused by
12 wrongful act, neglect or default, and the act, neglect or
13 default is such as would, if death had not ensued, have
14 entitled the party injured to maintain an action and recover
15 damages in respect thereof, then and in every such case the
16 person who or company or corporation which would have been
17 liable if death had not ensued, shall be liable to an action
18 for damages, notwithstanding the death of the person injured,
19 and although the death shall have been caused under such
20 circumstances as amount in law to felony.
21 (b) For the purposes of subsections (b) through (g):
22 "Attempts to commit suicide" means any act done with
23 the intent to commit suicide and which constitutes a
24 substantial step toward commission of suicide.
25 "Licensed health care professional" means a
26 physician licensed to practice medicine in all of its
27 branches under the Medical Practice Act of 1987, a
28 podiatric physician licensed under the Podiatric Medical
29 Practice Act of 1987, a physician assistant licensed
30 under the Physician Assistant Practice Act of 1987, a
31 registered nurse, advanced practice nurse, or practical
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1 nurse licensed under the Nursing and Advanced Practice
2 Nursing Act, a dentist licensed under the Illinois Dental
3 Practice Act, or a pharmacist licensed under the Pharmacy
4 Practice Act of 1987.
5 "Suicide" means the act or instance of taking one's
6 own life voluntarily and intentionally.
7 (c) A person commits inducement to commit suicide when
8 he or she does either of the following:
9 (1) Coerces another to commit suicide and the other
10 person commits or attempts to commit suicide as a direct
11 result of the coercion, and he or she exercises
12 substantial control over the other person through (i)
13 control of the other person's physical location or
14 circumstances; (ii) use of psychological pressure; or
15 (iii) use of actual or ostensible religious, political,
16 social, philosophical, or other principles.
17 (2) With knowledge that another person intends to
18 commit or attempt to commit suicide, intentionally (i)
19 offers and provides the physical means by which the other
20 person commits or attempts to commit suicide or (ii)
21 participates in a physical act by which the other person
22 commits or attempts to commit suicide.
23 (d) The lawful compliance or a good-faith attempt at
24 lawful compliance with the Illinois Living Will Act, the
25 Health Care Surrogate Act, or the Powers of Attorney for
26 Health Care Law is not inducement to commit suicide under
27 paragraph (2) of subsection (c).
28 (e) A licensed health care professional who administers,
29 prescribes, or dispenses medications or procedures to relieve
30 another person's pain or discomfort, even if the medication
31 or procedure may hasten or increase the risk of death, does
32 not commit inducement to commit suicide under paragraph (2)
33 of subsection (c) unless the medications or procedures are
34 knowingly administered, prescribed, or dispensed to cause
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1 death.
2 (f) A cause of action for injunctive relief may be
3 maintained against any person who is reasonably believed to
4 be about to violate or who is in the course of violating
5 subsection (c) by any person who is:
6 (1) The spouse, parent, child, brother, or sister
7 of the person who would commit suicide; provided that
8 person is eligible to inherit from the person who would
9 commit suicide under Section 2-1, 2-2, 2-3, or 2-4 of the
10 Probate Act of 1975 had that person who would commit
11 suicide died intestate.
12 (2) Entitled to inherit from the person who would
13 commit suicide.
14 (3) A provider of health care to the person who
15 would commit suicide.
16 (4) The Attorney General or the State's Attorney of
17 the county in which the violation is believed to be about
18 to occur or in which the violation is occurring.
19 (g) A person entitled to obtain injunctive relief under
20 subsection (f), other than the Attorney General or State's
21 Attorney, may seek compensatory or punitive damages in a
22 civil action brought against a licensed health care
23 professional or other individual who violates or attempts to
24 violate subsection (c) of this Section, whether or not the
25 person bringing the civil action consented or had prior
26 knowledge of the violation. If the person prevails in the
27 civil action, he or she must be awarded reasonable attorney's
28 fees.
29 (Source: Laws 1853, p. 97.)