Rep. Terri Bryant

Filed: 3/24/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 6083

2    AMENDMENT NO. ______. Amend House Bill 6083 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as Molly's Law.
 
5    Section 5. The Freedom of Information Act is amended by
6changing Section 11 as follows:
 
7    (5 ILCS 140/11)  (from Ch. 116, par. 211)
8    Sec. 11. (a) Any person denied access to inspect or copy
9any public record by a public body may file suit for injunctive
10or declaratory relief.
11    (b) Where the denial is from a public body of the State,
12suit may be filed in the circuit court for the county where the
13public body has its principal office or where the person denied
14access resides.
15    (c) Where the denial is from a municipality or other public

 

 

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1body, except as provided in subsection (b) of this Section,
2suit may be filed in the circuit court for the county where the
3public body is located.
4    (d) The circuit court shall have the jurisdiction to enjoin
5the public body from withholding public records and to order
6the production of any public records improperly withheld from
7the person seeking access. If the public body can show that
8exceptional circumstances exist, and that the body is
9exercising due diligence in responding to the request, the
10court may retain jurisdiction and allow the agency additional
11time to complete its review of the records.
12    (e) On motion of the plaintiff, prior to or after in camera
13inspection, the court shall order the public body to provide an
14index of the records to which access has been denied. The index
15shall include the following:
16        (i) A description of the nature or contents of each
17    document withheld, or each deletion from a released
18    document, provided, however, that the public body shall not
19    be required to disclose the information which it asserts is
20    exempt; and
21        (ii) A statement of the exemption or exemptions claimed
22    for each such deletion or withheld document.
23    (f) In any action considered by the court, the court shall
24consider the matter de novo, and shall conduct such in camera
25examination of the requested records as it finds appropriate to
26determine if such records or any part thereof may be withheld

 

 

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1under any provision of this Act. The burden shall be on the
2public body to establish that its refusal to permit public
3inspection or copying is in accordance with the provisions of
4this Act. Any public body that asserts that a record is exempt
5from disclosure has the burden of proving that it is exempt by
6clear and convincing evidence.
7    (g) In the event of noncompliance with an order of the
8court to disclose, the court may enforce its order against any
9public official or employee so ordered or primarily responsible
10for such noncompliance through the court's contempt powers.
11    (h) Except as to causes the court considers to be of
12greater importance, proceedings arising under this Section
13shall take precedence on the docket over all other causes and
14be assigned for hearing and trial at the earliest practicable
15date and expedited in every way.
16    (i) If a person seeking the right to inspect or receive a
17copy of a public record prevails in a proceeding under this
18Section, the court shall award such person reasonable
19attorney's attorneys' fees and costs. In determining what
20amount of attorney's fees is reasonable, the court shall
21consider the degree to which the relief obtained relates to the
22relief sought. The changes contained in this subsection apply
23to an action filed on or after January 1, 2010 (the effective
24date of Public Act 96-542) this amendatory Act of the 96th
25General Assembly.
26    (j) If the court determines that a public body willfully

 

 

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1and intentionally failed to comply with this Act, or otherwise
2acted in bad faith, the court shall also impose upon the public
3body a civil penalty of not less than $2,500 nor more than
4$10,000 $5,000 for each occurrence. In assessing the civil
5penalty, the court shall consider in aggravation or mitigation
6the budget of the public body and whether the public body has
7previously been assessed penalties for violations of this Act.
8If the public body fails to comply with the court's order after
930 days, the court shall impose an additional $1,000 penalty
10for each day the violation continues. The changes contained in
11this subsection that are made by Public Act 96-542 apply to an
12action filed on or after January 1, 2010 (the effective date of
13Public Act 96-542) this amendatory Act of the 96th General
14Assembly.
15(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;
16revised 10-14-15.)
 
17    Section 10. The Wrongful Death Act is amended by changing
18Section 2 as follows:
 
19    (740 ILCS 180/2)  (from Ch. 70, par. 2)
20    Sec. 2. Every such action shall be brought by and in the
21names of the personal representatives of such deceased person,
22and, except as otherwise hereinafter provided, the amount
23recovered in every such action shall be for the exclusive
24benefit of the surviving spouse and next of kin of such

 

 

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1deceased person. In every such action the jury may give such
2damages as they shall deem a fair and just compensation with
3reference to the pecuniary injuries resulting from such death,
4including damages for grief, sorrow, and mental suffering, to
5the surviving spouse and next of kin of such deceased person.
6    The amount recovered in any such action shall be
7distributed by the court in which the cause is heard or, in the
8case of an agreed settlement, by the circuit court, to each of
9the surviving spouse and next of kin of such deceased person in
10the proportion, as determined by the court, that the percentage
11of dependency of each such person upon the deceased person
12bears to the sum of the percentages of dependency of all such
13persons upon the deceased person.
14    Where the deceased person left no surviving spouse or next
15of kin entitled to recovery, the damages shall, subject to the
16following limitations inure, to the exclusive benefit of the
17following persons, or any one or more of them:
18    (a) to the person or persons furnishing hospitalization or
19hospital services in connection with the last illness or injury
20of the deceased person, not exceeding $450;
21    (b) to the person or persons furnishing medical or surgical
22services in connection with such last illness or injury, not
23exceeding $450;
24    (c) to the personal representatives, as such, for the costs
25and expenses of administering the estate and prosecuting or
26compromising the action, including a reasonable attorney's

 

 

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1fee. In any such case the measure of damages to be recovered
2shall be the total of the reasonable value of such
3hospitalization or hospital service, medical and surgical
4services, funeral expenses, and such costs and expenses of
5administration, including attorney fees, not exceeding the
6foregoing limitations for each class of such expenses and not
7exceeding $900 plus a reasonable attorney's fee.
8    Except as otherwise provided in this Section, every Every
9such action shall be commenced within 2 years after the death
10of such person but an action against a defendant arising from a
11crime committed by the defendant in whose name an escrow
12account was established under the "Criminal Victims' Escrow
13Account Act" shall be commenced within 2 years after the
14establishment of such account. An action may be brought within
155 years after the date of the death if the death is the result
16of violent intentional conduct or within one year after the
17final disposition of the criminal case if the defendant is
18charged with:
19        (i) first degree murder under Section 9-1 of the
20    Criminal Code of 2012;
21        (ii) intentional homicide of an unborn child under
22    Section 9-1.2 of the Criminal Code of 2012;
23        (iii) second degree murder under Section 9-2 of the
24    Criminal Code of 2012;
25        (iv) voluntary manslaughter of an unborn child under
26    Section 9-2.1 of the Criminal Code of 2012;

 

 

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1        (v) involuntary manslaughter or reckless homicide
2    under Section 9-3 of the Criminal Code of 2012;
3        (vi) involuntary manslaughter or reckless homicide of
4    an unborn child under Section 9-3.2 of the Criminal Code of
5    2012; or
6        (vii) drug-induced homicide under Section 9-3.3 of the
7    Criminal Code of 2012.
8    For the purposes of this Section 2, next of kin includes an
9adopting parent and an adopted child, and they shall be treated
10as a natural parent and a natural child, respectively. However,
11if a person entitled to recover benefits under this Act, is, at
12the time the cause of action accrued, within the age of 18
13years, he or she may cause such action to be brought within 2
14years after attainment of the age of 18.
15    In any such action to recover damages, it shall not be a
16defense that the death was caused in whole or in part by the
17contributory negligence of one or more of the beneficiaries on
18behalf of whom the action is brought, but the amount of damages
19given shall be reduced in the following manner.
20    The trier of fact shall first determine the decedent's
21contributory fault in accordance with Sections 2-1116 and
222-1107.1 of the Code of Civil Procedure. Recovery of damages
23shall be barred or diminished accordingly. The trier of fact
24shall then determine the contributory fault, if any, of each
25beneficiary on behalf of whom the action was brought:
26        (1) Where the trier of fact finds that the contributory

 

 

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

 

 

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1causes of actions accruing on or after its effective date.
2(Source: P.A. 95-3, eff. 5-31-07.)".