SB0239 103RD GENERAL ASSEMBLY

LRB103 26315 LNS 52676 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0239

Introduced 1/31/2023, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1115

from Ch. 110, par. 2-1115

Amends the Code of Civil Procedure. Provides that the prohibition on the recovery of punitive damages in a legal malpractice action includes damages sought as compensatory damages which were assessed against the legal malpractice plaintiff or failed to be obtained by the legal malpractice plaintiff.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-1115 as follows:

(735 ILCS 5/2-1115) (from Ch. 110, par. 2-1115)

Sec. 2-1115. Punitive damages not recoverable in healing art and legal malpractice cases. In all cases, whether in tort, contract or otherwise, in which the plaintiff seeks damages by reason of legal, medical, hospital, or other healing art malpractice, no punitive, exemplary, vindictive or aggravated damages shall be allowed. This prohibition on the recovery of punitive damages in a legal malpractice action includes damages sought as compensatory damages which were assessed against the legal malpractice plaintiff or failed to be obtained by the legal malpractice plaintiff.

(Source: P.A. 84-7.)