Rep. Ann M. Williams

Filed: 4/20/2023





10300SB1748ham002LRB103 24900 LNS 60778 a


2    AMENDMENT NO. ______. Amend Senate Bill 1748 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-1003 and 2-1007.1 as follows:
6    (735 ILCS 5/2-1003)  (from Ch. 110, par. 2-1003)
7    Sec. 2-1003. Discovery and depositions.
8    (a) Discovery, such as admissions of fact and of
9genuineness of documents, physical and mental examinations of
10parties and other persons, the taking of any depositions, and
11interrogatories, shall be in accordance with rules.
12    (b) (Blank).
13    (c) (Blank).
14    (d) Whenever the defendant in any litigation in this State
15has the right to demand a physical or mental examination of the
16plaintiff pursuant to statute or Supreme Court Rule, relative



10300SB1748ham002- 2 -LRB103 24900 LNS 60778 a

1to the occurrence and extent of injuries or damages for which
2claim is made, or in connection with the plaintiff's capacity
3to exercise any right plaintiff has, or would have but for a
4finding based upon such examination, the plaintiff has the
5right to have his or her attorney, or such other person as the
6plaintiff may wish, present at such physical or mental
7examination. The plaintiff also has the right to designate an
8additional person to be present and video record the
9examination. The changes to this Section by this amendatory
10Act of the 103rd General Assembly apply to actions commenced
11or pending on or after the effective date of this amendatory
12Act of the 103rd General Assembly.
13    (e) No person or organization shall be required to furnish
14claims, loss or risk management information held or provided
15by an insurer, which information is described in Section
16143.10a of the "Illinois Insurance Code".
17(Source: P.A. 99-110, eff. 1-1-16.)
18    (735 ILCS 5/2-1007.1)  (from Ch. 110, par. 2-1007.1)
19    Sec. 2-1007.1. Preference in setting for trial.
20    (a) A party who is an individual or, in the case of a
21wrongful death action, is the surviving spouse or next of kin
22and who has reached the age of 67 70 years shall, upon motion
23by that party or the administrator of the estate of the
24deceased person or special administrator, be entitled to
25preference in setting for trial, which shall commence within



10300SB1748ham002- 3 -LRB103 24900 LNS 60778 a

1one year of the hearing on the motion, unless the court finds
2that the party does not have a substantial interest in the case
3as a whole. The trial setting shall apply only to the moving
4party and to those defendants who have appeared and answered
5the complaint at the time notice of the motion for preference
6in setting for trial is served. If any new party is added to a
7lawsuit after the setting of a trial under this Section, any
8party may move the court to amend the trial setting to allow
9for trial to commence up to one year after the date a new
10defendant appeared and answered the complaint or up to one
11year after the date a plaintiff was added to the lawsuit.
12    (b) The court shall may, in its discretion, grant a motion
13for preference in setting for trial where a party or, in the
14case of a wrongful death action, the surviving spouse or next
15of kin shows substantial physical or financial hardship or
16alternatively shows good cause that the interests of justice
17will be served by granting a preference in setting for trial
18within one year of the hearing on the motion.
19    (c) Any party may move for a trial continuance of up to 6
20months for good cause shown. Any subsequent motions for trial
21continuance under this Section shall be granted only to the
22extent necessary for trial to commence as soon as practicable.
23    (d) The changes to this Section by this amendatory Act of
24the 103rd General Assembly apply to actions commenced or
25pending on or after the effective date of this amendatory Act
26of the 103rd General Assembly.



10300SB1748ham002- 4 -LRB103 24900 LNS 60778 a

1(Source: P.A. 86-854.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".