Full Text of HB3552 102nd General Assembly
HB3552 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3552 Introduced 2/22/2021, by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
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Amends the Code of Civil Procedure. Makes a technical change in a Section concerning product liability.
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| | A BILL FOR |
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| | | HB3552 | | LRB102 14537 LNS 19890 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 2-2101 as follows:
| 6 | | (735 ILCS 5/2-2101)
| 7 | | (This Section was added by P.A. 89-7, which has been held | 8 | | unconstitutional)
| 9 | | Sec. 2-2101. Definitions. For purposes of this Part the , | 10 | | the terms listed
have
the following meanings:
| 11 | | "Clear and convincing evidence" means that measure or | 12 | | degree of proof that
will produce in the mind of the trier of | 13 | | fact a high degree of certainty as to
the truth of the | 14 | | allegations sought to be established.
This evidence requires
a | 15 | | greater degree of persuasion than is necessary to meet the | 16 | | preponderance of
the evidence standard.
| 17 | | "Harm" means (i) damage to property other than the product | 18 | | itself; (ii)
personal physical injury, illness, or death; | 19 | | (iii) mental anguish or emotional
harm to
the extent | 20 | | recognized by applicable law; (iv) any loss of consortium or
| 21 | | services; or (v) other loss deriving from any type of harm | 22 | | described in item
(i), (ii), (iii), or (iv).
| 23 | | "Manufacturer" means (i) any person who is engaged in a |
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| 1 | | business to design or
formulate and to produce, create, make, | 2 | | or construct any product or component
part of a product; (ii) a | 3 | | product seller with respect to all component parts of
a | 4 | | product or a component part of a product that is created or | 5 | | affected when,
before placing the product in the stream of | 6 | | commerce, the product seller
designs
or formulates and | 7 | | produces, creates, makes, or constructs an aspect of a
product | 8 | | or a component part of a product made by another; or (iii) any | 9 | | product
seller not described in (ii) that holds itself out as a | 10 | | manufacturer to the
user of the product.
| 11 | | "Product liability action" means a civil action brought on | 12 | | any theory against
a manufacturer or product seller for harm | 13 | | caused by a product.
| 14 | | "Product seller" means a person who, in the course of a | 15 | | business conducted
for that purpose, sells, distributes, | 16 | | leases, installs, prepares, blends,
packages, labels, markets, | 17 | | repairs, maintains, or otherwise is involved in
placing a | 18 | | product in the stream of commerce.
| 19 | | (Source: P.A. 89-7, eff. 3-9-95 .)
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