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91_HB1610
LRB9103172WHdv
1 AN ACT to amend the Joint Tortfeasor Contribution Act by
2 changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Joint Tortfeasor Contribution Act is
6 amended by changing Section 2 as follows:
7 (740 ILCS 100/2) (from Ch. 70, par. 302)
8 Sec. 2. Right of Contribution. (a) Except as otherwise
9 provided in this Act, if where 2 or more persons are subject
10 to liability in tort arising out of the same injury to person
11 or property, or the same wrongful death, there is a right of
12 contribution among them, even though judgment has not been
13 entered against any or all of them.
14 (b) The right of contribution exists only in favor of a
15 tortfeasor who has paid more than his pro rata share of the
16 common liability, and his total recovery is limited to the
17 amount paid by him in excess of his pro rata share. No
18 tortfeasor is liable to make contribution beyond his own pro
19 rata share of the common liability.
20 (c) When a release or covenant not to sue or not to
21 enforce judgment is given in good faith to one or more
22 persons liable in tort arising out of the same injury or the
23 same wrongful death, it does not discharge any of the other
24 tortfeasors from liability for the injury or wrongful death
25 unless its terms so provide but it reduces the recovery on
26 any claim against the others to the extent of any amount
27 stated in the release or the covenant, or in the amount of
28 the consideration actually paid for it, whichever is greater.
29 (d) The tortfeasor who settles with a claimant pursuant
30 to paragraph (c) is discharged from all liability for any
31 contribution to any other tortfeasor.
-2- LRB9103172WHdv
1 (e) A tortfeasor who settles with a claimant pursuant to
2 paragraph (c) is not entitled to recover contribution from
3 another tortfeasor whose liability is not extinguished by the
4 settlement.
5 (f) Anyone who, by payment, has discharged in full or in
6 part the liability of a tortfeasor and has thereby discharged
7 in full his obligation to the tortfeasor, is subrogated to
8 the tortfeasor's right of contribution. This provision does
9 not affect any right of contribution nor any right of
10 subrogation arising from any other relationship.
11 (Source: P.A. 84-1308.)