[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3611
New Act
Creates the Responsible Citizen's Protection Act.
Provides that a person may not bring an action for damages
for an injury to person or property if his or her injuries
were proximately caused by his or her commission of a felony
or immediate flight from a felony. Provides (with certain
exceptions) that an action for non-economic damages may not
be brought if the injured person had committed a violation of
specified provisions of the Illinois Vehicle Code. Contains
provisions concerning application and severability.
LRB9010112WHmg
LRB9010112WHmg
1 AN ACT in relation to civil liability.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Responsible Citizen's Protection Act.
6 Section 5. Findings and purpose. The General Assembly
7 finds that convicted felons, uninsured motorists, drunk
8 drivers, and those driving with a revoked license should not
9 be rewarded for their irresponsibility and criminal behavior.
10 Currently, under Illinois law, these individuals are able to
11 recover unreasonable damages from law abiding citizens as a
12 result of drunk driving and other collisions, and convicted
13 felons have been able to bring suit to recover damages for
14 injuries suffered during the commission of their crimes
15 against law abiding citizens. These individuals, who have
16 failed to take personal responsibility for their actions,
17 should not be able to seek civil damages against law abiding
18 citizens of Illinois. To this end, the General Assembly
19 enacts this measure to restore balance to our justice system
20 by limiting the right to sue of convicted felons, drunk
21 drivers, uninsured motorists, and those driving with a
22 revoked license.
23 Section 10. Action for damages for an injury to person or
24 property. An action for damages for an injury to the person
25 or property may not be commenced by a person if the person's
26 injuries were in any way proximately caused by his or her
27 commission of any felony, or immediate flight therefrom, and
28 he or she is subsequently convicted of that crime.
29 Section 15. Action for non-economic damages.
-2- LRB9010112WHmg
1 (a) Except as provided in subsections (b) and (c), an
2 action for non-economic damages may not be commenced for
3 damages which are intangible, including but not limited to
4 damages for pain and suffering, disability, disfigurement,
5 loss of consortium, and loss of society, arising out of the
6 operation or use of a motor vehicle if any of the following
7 applies:
8 (1) the injured person was at the time of the
9 collision operating the motor vehicle in violation of
10 Section 3-707 or 3-708 of the Illinois Vehicle Code and
11 he or she was subsequently convicted of that offense;
12 (2) the injured person was at the time of the
13 collision operating the motor vehicle in violation of
14 Section 11-501 of the Illinois Vehicle Code and he or she
15 was subsequently convicted of that offense;
16 (3) the injured person was at the time of the
17 collision operating the motor vehicle during a period of
18 time his or her driver's license, permit, or privilege to
19 operate a motor vehicle was revoked in violation of
20 Section 6-303 of the Illinois Vehicle Code and he or she
21 was subsequently convicted of that offense;
22 (4) the injured person was the owner of a motor
23 vehicle involved in the collision and the motor vehicle
24 was not covered by a liability insurance policy as
25 required by Section 7-601 of the Illinois Vehicle Code;
26 or
27 (5) the injured person was the operator of a motor
28 vehicle involved in the collision and the operator does
29 not establish proof of financial responsibility as
30 required by the Illinois Safety and Family Financial
31 Responsibility Law of the Illinois Vehicle Code.
32 (b) The provisions of subsection (a) shall not apply if
33 a person described in subdivision (a)(1), (a)(3), or (a)(4)
34 was injured by a person who at the time of the collision was
-3- LRB9010112WHmg
1 operating a motor vehicle in violation of Section 11-501 of
2 the Illinois Vehicle Code and was convicted of that offense,
3 and shall not preclude the injured person from recovering
4 non-economic damages for damages which are intangible,
5 including but not limited to damages for pain and suffering,
6 disability, disfigurement, loss of consortium, and loss of
7 society.
8 (c) The provisions of subsection (a) shall not apply if
9 a person described in subdivision (a)(4) was injured by a
10 person who at the time of the collision was operating a motor
11 vehicle in violation of Section 3-707 or 3-708 of the
12 Illinois Vehicle Code and was convicted of that offense, and
13 shall not preclude the injured person from recovering
14 non-economic damages for damages which are intangible,
15 including, but not limited to damages for pain and suffering,
16 disability, disfigurement, loss of consortium, and loss of
17 society.
18 Section 20. Application. This Act applies to causes of
19 action accruing on or after its effective date.
20 Section 25. Severability. If any part or parts of this
21 Act shall be held to be unconstitutional, such
22 unconstitutionality shall not affect the validity of the
23 remaining parts of this Act.