093_HB3533

 
                                     LRB093 02123 WGH 02130 b

 1        AN   ACT   to  conform  the  text  of  certain  statutory
 2    provisions   to   a   court   decision    concerning    their
 3    constitutionality.

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

 6        Section 1. Special revisory Act; findings;  purpose.  The
 7    General Assembly finds and declares that:
 8        (1)  Public Act 89-7 changed, added, and repealed various
 9    statutory provisions. In Best v. Taylor  Machine  Works,  179
10    Ill.  2d  367  (1997),  the  Illinois Supreme Court held that
11    Public Act 89-7 was void in its entirety.
12        (2) The statutes should conform to the  decision  of  the
13    Illinois Supreme Court in Best v. Taylor Machine Works. It is
14    the purpose of this special revisory Act to: (i) re-enact and
15    repeal  statutory  provisions so the text of those provisions
16    conforms to the decision of the  Illinois  Supreme  Court  in
17    Best  v. Taylor Machine Works and (ii) remove any question as
18    to the manner in which those provisions should appear in  the
19    statutes in light of that decision.
20        (3)   This  special  revisory  Act  is  not  intended  to
21    supersede any Public Act of the 93rd  General  Assembly  that
22    amends the text of a statutory provision that appears in this
23    special revisory Act.
24        (4) If a Public Act enacted after Public Act 89-7 amended
25    the  text  of a Section of the statutes without including the
26    changes made by Public Act 89-7, the text of that Section  is
27    shown  in  this  special revisory Act as existing text (i.e.,
28    without striking and underscoring) to conform to the decision
29    of the Illinois Supreme Court, with the exception of  changes
30    of a revisory nature.
31        (5)  If  no  Public Act enacted after Public Act 89-7 has
32    amended the text of a Section that was purportedly amended in
 
                            -2-      LRB093 02123 WGH 02130 b
 1    Public Act 89-7, the text of that Section  is  re-enacted  in
 2    this  special  revisory Act with striking and underscoring to
 3    conform to the decision of the Illinois Supreme Court.
 4        (6)  Provisions  that  were  purportedly  added  to   the
 5    statutes  by  Public  Act  89-7  are repealed in this special
 6    revisory Act to conform  to  the  decision  of  the  Illinois
 7    Supreme Court.
 8        (7)  Provisions  that were purportedly repealed by Public
 9    Act 89-7 are shown in this special revisory Act  as  existing
10    text  (i.e., without striking and underscoring) to conform to
11    the decision of the Illinois Supreme Court.

12        Section 5. The Road Worker Safety Act  is  re-enacted  as
13    follows:

14        (430 ILCS 105/Act title)
15        An  Act  to  protect  workers and the general public from
16    injury or death during construction or repair of bridges  and
17    highways within the State of Illinois.

18        (430 ILCS 105/0.01) (from Ch. 121, par. 314.01)
19        Sec.  0.01.   Short  title.  This Act may be cited as the
20    Road Worker Safety Act.
21    (Source: P.A. 86-1324; 89-7.)

22        (430 ILCS 105/1) (from Ch. 121, par. 314.1)
23        Sec. 1. All construction work upon  bridges  or  highways
24    within  the  State  of  Illinois  shall  be  so performed and
25    conducted that two-way traffic will be maintained  when  such
26    is  safe  and  practical, and when not safe and practical, or
27    when any  portion  of  the  highway  is  obstructed,  one-way
28    traffic  shall be maintained, unless the authorized agency in
29    charge of said construction directs the road be closed to all
30    traffic.
 
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 1    (Source: Laws 1959, p. 2044; P.A. 89-7.)

 2        (430 ILCS 105/2) (from Ch. 121, par. 314.2)
 3        Sec. 2. At all times during which men are  working  where
 4    one-way traffic is utilized, the contractor or his authorized
 5    agent  in  charge  of  such  construction will be required to
 6    furnish no fewer than two flagmen, one at  each  end  of  the
 7    portion of highway or bridge on which only one-way traffic is
 8    permitted,  and at least 100 feet away from the nearest point
 9    of the highway or bridge on which  only  one-way  traffic  is
10    safe  and permitted. The flagmen shall be equipped with safe,
11    suitable, and proper signal  devices  as  prescribed  in  the
12    Manual  on  Uniform  Traffic  Control Devices for Streets and
13    Highways published by the Department of  Transportation,  and
14    shall  so use such devices as to inform approaching motorists
15    to stop or proceed. In addition, safe, suitable,  and  proper
16    signals  and  signs  as  prescribed in the Manual shall be so
17    placed as to warn approaching persons of the existence of any
18    portion of highway or bridge upon which only one-way  traffic
19    is  safe  and  permitted.  At  bridge  construction or bridge
20    repair sites, where  one-way  traffic  is  utilized,  traffic
21    control signals conforming to the Manual may be installed and
22    operated  in  lieu  of, or in addition to, flagmen.  Whenever
23    the  Department  of  Transportation  or   local   authorities
24    determine that a bridge or highway construction site requires
25    the  closing  of  a  road  to  through  traffic, the contract
26    documents relating to such construction may specify alternate
27    procedures for flagging and controlling  traffic,  when  such
28    procedures  have  been  approved  by  the  Department.   When
29    alternate  procedures  are  not included, traffic control and
30    flagging will be as prescribed in the first paragraph of this
31    Section.
32    (Source: P.A. 82-408; 89-7.)
 
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 1        (430 ILCS 105/3) (from Ch. 121, par. 314.3)
 2        Sec. 3. Drivers of  any  motor  vehicle  approaching  any
 3    section of highway or bridge which is limited to only one-way
 4    traffic  shall  obey  warning  signs  and  shall  stop  their
 5    vehicles  if  signaled  to  do  so  by a flagman or a traffic
 6    control signal.
 7    (Source: Laws 1967, p. 468; P.A. 89-7.)

 8        (430 ILCS 105/4) (from Ch. 121, par. 314.4)
 9        Sec. 4. Any portion of highway or bridge which is  closed
10    to  all  traffic shall be marked at each place where vehicles
11    have accessible  approach  to  such  portion  of  highway  or
12    bridge,  and at a sufficient distance from the closed portion
13    of such highway or bridge shall be marked  with  an  adequate
14    number  of  safe, suitable, and proper warning signs, signals
15    or barricades as set forth in the Manual of  Uniform  Traffic
16    Control  Devices  for  Streets  and Highways published by the
17    Department  of  Transportation  so  as  to  give  warning  to
18    approaching motorists that such portion of bridge or  highway
19    is closed and unsafe for travel.
20    (Source: P.A. 77-176; 89-7.)

21        (430 ILCS 105/5) (from Ch. 121, par. 314.5)
22        Sec. 5.  Any contractor, subcontractor, or his authorized
23    agent  in  charge of construction work on highways or bridges
24    within the State of Illinois, or  any  driver  of  any  motor
25    vehicle,  who knowingly or wilfully violates any provision of
26    this Act, is guilty of a petty offense.
27    (Source: P.A. 77-2242; 89-7.)

28        (430 ILCS 105/6) (from Ch. 121, par. 314.6)
29        Sec. 6. Any contractor,  subcontractor,  or  his  or  her
30    authorized agent or driver of any motor vehicle who knowingly
31    or  wilfully  violates  any  provision  of this Act, shall be
 
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 1    responsible for any injury to person or  property  occasioned
 2    by  such violation, and a right of action shall accrue to any
 3    person injured for any damages sustained thereby; and in case
 4    of loss of life by reason  of  such  violation,  a  right  of
 5    action  shall accrue to the surviving spouse of the person so
 6    killed, his or her heirs, or to any  person  or  persons  who
 7    were,  before such loss of life, dependent for support on the
 8    person so killed, for a like recovery of damages sustained by
 9    reason of such loss of life.
10    (Source: P.A. 80-1154; 89-7.)

11        (430 ILCS 105/7) (from Ch. 121, par. 314.7)
12        Sec. 7. In case of any failure to comply with any of  the
13    provisions  of  this  Act, the Director of Labor may, through
14    the State's Attorney, or any other attorney in  case  of  his
15    failure  to  act  promptly, take the necessary legal steps to
16    enforce compliance therewith.
17    (Source: Laws 1959, p. 2044; P.A. 89-7.)

18        (430 ILCS 105/8) (from Ch. 121, par. 314.8)
19        Sec. 8. The provisions of this Act  shall  not  apply  to
20    employees  or officials of the State of Illinois or any other
21    public agency engaged in the construction or  maintenance  of
22    highways and bridges.
23    (Source: Laws 1959, p. 2044; P.A. 89-7.)

24        Section   10.  Section  5-5-7  of  the  Unified  Code  of
25    Corrections is re-enacted as follows:

26        (730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
27        Sec. 5-5-7.  Neither the  State,  any  local  government,
28    probation  department, public or community service program or
29    site, nor any official, volunteer, or employee thereof acting
30    in the course of their official duties shall  be  liable  for
 
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 1    any  injury  or  loss a person might receive while performing
 2    public or community service as  ordered  either  (1)  by  the
 3    court  or  (2)  by  any  duly authorized station or probation
 4    adjustment,  teen  court,  community  mediation,   or   other
 5    administrative  diversion  program authorized by the Juvenile
 6    Court Act of 1987 for a violation of a penal statute of  this
 7    State  or a local government ordinance (whether penal, civil,
 8    or quasi-criminal) or for a traffic offense, nor  shall  they
 9    be  liable  for  any  tortious  acts of any person performing
10    public  or  community  service,  except  for  wilful,  wanton
11    misconduct  or  gross  negligence  on  the   part   of   such
12    governmental   unit,   probation  department,  or  public  or
13    community  service  program  or  site,   or   the   official,
14    volunteer, or employee.
15    (Source: P.A. 91-820, eff. 6-13-00.)

16        Section   15.  Sections  2-402,  2-604.1,  2-621,  2-622,
17    2-1003, 2-1107.1, 2-1109, 2-1116, 2-1117,  2-1118,  2-1205.1,
18    2-1702,   8-802,  8-2001,  8-2003,  8-2004,  8-2501,  13-213,
19    13-214.3, and 13-217 of  the  Code  of  Civil  Procedure  are
20    re-enacted as follows:

21        (735 ILCS 5/2-402) (from Ch. 110, par. 2-402)
22        Sec.  2-402.   Respondents in discovery. The plaintiff in
23    any civil action may designate as respondents in discovery in
24    his or her pleading  those  individuals  or  other  entities,
25    other than the named defendants, believed by the plaintiff to
26    have information essential to the determination of who should
27    properly  be  named  as  additional defendants in the action.
28    Fictitious defendants may not be  named  in  a  complaint  in
29    order to designate respondents in discovery.
30        Persons  or entities so named as respondents in discovery
31    shall be required to respond to discovery by the plaintiff in
32    the same manner as are defendants and may, on motion  of  the
 
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 1    plaintiff,  be  added as defendants if the evidence discloses
 2    the existence of probable cause for such action.
 3        A person or entity named a respondent  in  discovery  may
 4    upon his or her own motion be made a defendant in the action,
 5    in  which  case  the provisions of this Section are no longer
 6    applicable to that person.
 7        A copy of the complaint shall be served on each person or
 8    entity named as a respondent in discovery.
 9        Each respondent in discovery shall be paid  expenses  and
10    fees as provided for witnesses.
11        A  person or entity named as a respondent in discovery in
12    any civil action may be made a defendant in the  same  action
13    at any time within 6 months after being named as a respondent
14    in discovery, even though the time during which an action may
15    otherwise  be  initiated  against him or her may have expired
16    during such 6 month period.  No extensions of  this  6  month
17    period  shall  be  permitted  unless the plaintiff can show a
18    failure or refusal on the part of the  respondent  to  comply
19    with timely filed discovery.
20        This  amendatory  Act of 1995 applies to causes of action
21    filed on or after its effective date.
22    (Source: P.A. 86-483; 89-7.)

23        (735 ILCS 5/2-604.1) (from Ch. 110, par. 2-604.1)
24        Sec. 2-604.1.   Pleading  of  punitive  damages.  In  all
25    actions  on  account  of bodily injury or physical damage  to
26    property, based on negligence, or product liability based  on
27    any  theory or doctrine strict tort liability, where punitive
28    damages are permitted no complaint shall be filed  containing
29    a  prayer  for  relief  seeking  punitive damages. However, a
30    plaintiff may, pursuant to a  pretrial  motion  and  after  a
31    hearing  before  the  court, amend the complaint to include a
32    prayer for relief seeking punitive damages. The  court  shall
33    allow  the  motion  to  amend  the complaint if the plaintiff
 
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 1    establishes  at  such  hearing  a  reasonable  likelihood  of
 2    proving facts at trial sufficient  to  support  an  award  of
 3    punitive  damages.  Any  motion  to  amend  the  complaint to
 4    include a prayer for relief seeking punitive damages shall be
 5    made not later than 30 days after the close of  discovery.  A
 6    prayer for relief added pursuant to this Section shall not be
 7    barred  by  lapse  of  time  under any statute prescribing or
 8    limiting the time within which an action may  be  brought  or
 9    right  asserted  if  the  time  prescribed or limited had not
10    expired when the original pleading was filed.
11    (Source: P.A. 84-1431; 89-7.)

12        (735 ILCS 5/2-621) (from Ch. 110, par. 2-621)
13        Sec.  2-621.   Product  liability  actions.  (a)  In  any
14    product liability action based on any theory or  doctrine  in
15    whole  or in part on the doctrine of strict liability in tort
16    commenced or maintained against  a  defendant  or  defendants
17    other  than the manufacturer, that party shall upon answering
18    or  otherwise  pleading  file  an  affidavit  certifying  the
19    correct identity of the manufacturer of the product allegedly
20    causing injury, death  or  damage.   The  commencement  of  a
21    product  liability  action based on any theory or doctrine in
22    whole or in part on the doctrine of strict liability in  tort
23    against   such   defendant   or  defendants  shall  toll  the
24    applicable  statute  of  limitation  and  statute  of  repose
25    relative to the  defendant  or  defendants  for  purposes  of
26    asserting a strict liability in tort cause of action.
27        (b)  Once the plaintiff has filed a complaint against the
28    manufacturer   or  manufacturers,  and  the  manufacturer  or
29    manufacturers have  or  are  required  to  have  answered  or
30    otherwise  pleaded,  the court shall order the dismissal of a
31    product liability action based  on  any  theory  or  doctrine
32    strict   liability  in  tort  claim  against  the  certifying
33    defendant or defendants, provided the certifying defendant or
 
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 1    defendants  are  not  within  the  categories  set  forth  in
 2    subsection (c) of  this  Section.   Due  diligence  shall  be
 3    exercised  by  the  certifying  defendant  or  defendants  in
 4    providing  the  plaintiff  with  the  correct identity of the
 5    manufacturer or manufacturers, and  due  diligence  shall  be
 6    exercised  by the plaintiff in filing an action and obtaining
 7    jurisdiction over the manufacturer or manufacturers.
 8        The plaintiff may at any time subsequent to the dismissal
 9    move to vacate the  order  of  dismissal  and  reinstate  the
10    certifying  defendant  or  defendants, provided plaintiff can
11    show one or more of the following:
12        (1)  That the applicable period of statute of  limitation
13    or statute of repose bars the assertion of a strict liability
14    in   tort   cause  of  action  against  the  manufacturer  or
15    manufacturers of the product allegedly  causing  the  injury,
16    death or damage; or
17        (2)  That  the  identity of the manufacturer given to the
18    plaintiff by  the  certifying  defendant  or  defendants  was
19    incorrect.  Once the correct identity of the manufacturer has
20    been  given  by  the  certifying  defendant or defendants the
21    court  shall  again  dismiss  the  certifying  defendant   or
22    defendants; or
23        (3)  That  the  manufacturer  no longer exists, cannot be
24    subject to the jurisdiction of the courts of this State,  or,
25    despite  due  diligence,  the manufacturer is not amenable to
26    service of process; or
27        (4)  That the  manufacturer  is  unable  to  satisfy  any
28    judgment as determined by the court; or
29        (5)  That  the  court  determines  that  the manufacturer
30    would be unable to satisfy a reasonable settlement  or  other
31    agreement with plaintiff.
32        (c)  A  court  shall not enter a dismissal order relative
33    to any certifying defendant  or  defendants  other  than  the
34    manufacturer  even though full compliance with subsection (a)
 
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 1    of this Section has been made where the  plaintiff  can  show
 2    one or more of the following:
 3        (1)  That  the  defendant  has exercised some significant
 4    control over the design or manufacture of the product, or has
 5    provided  instructions  or  warnings  to   the   manufacturer
 6    relative  to  the  alleged defect in the product which caused
 7    the injury, death or damage; or
 8        (2)  That the  defendant  had  actual  knowledge  of  the
 9    defect  in  the  product  which  caused  the injury, death or
10    damage; or
11        (3)  That the defendant created the defect in the product
12    which caused the injury, death or damage.
13        (d)  Nothing contained in this Section shall be construed
14    to grant a cause of action on in strict liability in tort  or
15    any other legal theory or doctrine, or to affect the right of
16    any person to seek and obtain indemnity or contribution.
17        (e)  This   Section  applies  to  all  causes  of  action
18    accruing on or after September 24, 1979.
19    (Source: P.A. 84-1043; 89-7.)

20        (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
21        Sec. 2-622.  Healing art malpractice.
22        (a)  In  any  action,  whether  in  tort,   contract   or
23    otherwise,  in which the plaintiff seeks damages for injuries
24    or death by reason of medical, hospital, or other healing art
25    malpractice, the plaintiff's attorney or  the  plaintiff,  if
26    the  plaintiff is proceeding pro se, shall file an affidavit,
27    attached to the original and all  copies  of  the  complaint,
28    declaring one of the following:
29             1.  That  the affiant has consulted and reviewed the
30        facts of the case with  a  health  professional  who  the
31        affiant  reasonably believes: (i) is knowledgeable in the
32        relevant issues involved in the particular  action;  (ii)
33        practices  or  has  practiced  within the last 6 years or
 
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 1        teaches or has taught within the last 6 years in the same
 2        area of health care or medicine that is at issue  in  the
 3        particular  action;  and (iii) is qualified by experience
 4        or demonstrated competence in the subject  of  the  case;
 5        that  the reviewing health professional has determined in
 6        a written report, after a review of  the  medical  record
 7        and  other  relevant  material involved in the particular
 8        action that there is a reasonable and  meritorious  cause
 9        for  the  filing of such action; and that the affiant has
10        concluded  on  the  basis   of   the   reviewing   health
11        professional's  review  and  consultation that there is a
12        reasonable and  meritorious  cause  for  filing  of  such
13        action.   If the affidavit is filed as to a defendant who
14        is a physician licensed to treat human  ailments  without
15        the  use  of  drugs  or  medicines  and without operative
16        surgery, a dentist, a podiatrist, a  psychologist,  or  a
17        naprapath,  the  written  report  must  be  from a health
18        professional licensed in the same  profession,  with  the
19        same  class of license, as the defendant.  For affidavits
20        filed as to all other defendants, the written report must
21        be from a physician licensed to practice medicine in  all
22        its  branches.   In  either  event,  the  affidavit  must
23        identify   the   profession   of   the  reviewing  health
24        professional. A  copy  of  the  written  report,  clearly
25        identifying   the  plaintiff  and  the  reasons  for  the
26        reviewing  health  professional's  determination  that  a
27        reasonable and meritorious cause for the  filing  of  the
28        action  exists,  must  be  attached to the affidavit, but
29        information which would  identify  the  reviewing  health
30        professional may be deleted from the copy so attached.
31             2.  That   the   affiant  was  unable  to  obtain  a
32        consultation required by paragraph 1 because a statute of
33        limitations would impair the action and the  consultation
34        required  could  not be obtained before the expiration of
 
                            -12-     LRB093 02123 WGH 02130 b
 1        the statute of limitations.  If an affidavit is  executed
 2        pursuant  to  this paragraph, the certificate and written
 3        report required by paragraph 1 shall be filed  within  90
 4        days  after  the  filing of the complaint.  The defendant
 5        shall be excused from  answering  or  otherwise  pleading
 6        until  30  days  after  being  served  with a certificate
 7        required by paragraph 1.
 8             3.  That a request has been made by the plaintiff or
 9        his attorney  for  examination  and  copying  of  records
10        pursuant  to Part 20 of Article VIII of this Code and the
11        party required to comply under those Sections has  failed
12        to  produce such records within 60 days of the receipt of
13        the request.  If an affidavit  is  executed  pursuant  to
14        this   paragraph,  the  certificate  and  written  report
15        required by paragraph 1 shall be  filed  within  90  days
16        following   receipt   of   the  requested  records.   All
17        defendants except those whose failure to comply with Part
18        20 of Article VIII of this  Code  is  the  basis  for  an
19        affidavit  under  this  paragraph  shall  be excused from
20        answering or otherwise pleading until 30 days after being
21        served with the certificate required by paragraph 1.
22        (b)  Where a certificate and written report are  required
23    pursuant  to  this Section a separate certificate and written
24    report shall be filed as to each defendant who has been named
25    in the complaint and shall be  filed  as  to  each  defendant
26    named at a later time.
27        (c)  Where  the plaintiff intends to rely on the doctrine
28    of "res ipsa loquitur", as defined by Section 2-1113 of  this
29    Code,  the certificate and written report must state that, in
30    the opinion of the reviewing health professional,  negligence
31    has occurred in the course of medical treatment.  The affiant
32    shall certify upon filing of the complaint that he is relying
33    on the doctrine of "res ipsa loquitur".
34        (d)  When the attorney intends to rely on the doctrine of
 
                            -13-     LRB093 02123 WGH 02130 b
 1    failure  to  inform of the consequences of the procedure, the
 2    attorney shall certify upon the filing of the complaint  that
 3    the  reviewing  health  professional has, after reviewing the
 4    medical record and other relevant materials involved  in  the
 5    particular   action,   concluded  that  a  reasonable  health
 6    professional  would  have  informed  the   patient   of   the
 7    consequences of the procedure.
 8        (e)  Allegations  and  denials  in  the  affidavit,  made
 9    without  reasonable  cause  and  found  to  be  untrue, shall
10    subject the party pleading them or his attorney, or both,  to
11    the  payment of reasonable expenses, actually incurred by the
12    other party by reason of the untrue pleading,  together  with
13    reasonable attorneys' fees to be summarily taxed by the court
14    upon motion made within 30 days of the judgment or dismissal.
15    In  no event shall the award for attorneys' fees and expenses
16    exceed those actually paid by the moving party, including the
17    insurer, if any. In proceedings under this paragraph (e), the
18    moving party shall have the right to depose and  examine  any
19    and  all  reviewing health professionals who prepared reports
20    used in  conjunction  with  an  affidavit  required  by  this
21    Section.
22        (f)  A  reviewing  health  professional who in good faith
23    prepares a report  used  in  conjunction  with  an  affidavit
24    required  by  this  Section  shall  have  civil immunity from
25    liability which otherwise might result from  the  preparation
26    of such report.
27        (g)  The  failure  to file a certificate required by this
28    Section shall be grounds for dismissal under Section 2-619.
29        (h)  This Section does not apply to or affect any actions
30    pending at the time of its effective  date,  but  applies  to
31    cases filed on or after its effective date.
32        (i)  This  amendatory  Act  of  1997 does not apply to or
33    affect any actions pending at the time of its effective date,
34    but applies to cases filed on or after its effective date.
 
                            -14-     LRB093 02123 WGH 02130 b
 1    (Source: P.A. 86-646; 90-579, eff. 5-1-98.)

 2        (735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
 3        Sec. 2-1003.  Discovery and depositions.
 4        (a)  Any party who by  pleading  alleges  any  claim  for
 5    bodily  injury  or disease, including mental health injury or
 6    disease, shall be deemed to waive any privilege  between  the
 7    injured   person  and  each  health  care  provider  who  has
 8    furnished care at any time to the  injured  person.   "Health
 9    care provider" means any person or entity who delivers or has
10    delivered   health   care   services,   including  diagnostic
11    services, and includes, but is not  limited  to,  physicians,
12    psychologists,  chiropractors, nurses, mental health workers,
13    therapists, and other healing art practitioners.   Any  party
14    alleging any such claim for bodily or mental health injury or
15    disease  shall,  upon  written request of any other party who
16    has appeared in the action, sign and deliver within  28  days
17    to  the  requesting party a separate Consent authorizing each
18    person or entity who has provided health care at any time  to
19    the allegedly injured person to:
20             (1)  furnish  the  requesting  party  or the party's
21        attorney a complete copy of the chart or record of health
22        care in the possession of the provider, including reports
23        sent to any third party, including any records  generated
24        by  other  health care providers and in the possession of
25        the health  care  provider,  and  including  radiographic
26        films of any type;
27             (2)  permit  the  requesting  party  or  the party's
28        attorney to inspect  the  original  chart  or  record  of
29        health  care  during  regular  business  hours and at the
30        regular business location of the  health  care  provider,
31        upon  written  request made not less than 7 days prior to
32        the inspection;
33             (3)  accept and consider charts and other records of
 
                            -15-     LRB093 02123 WGH 02130 b
 1        health care by others, radiographic films, and documents,
 2        including reports, deposition transcripts,  and  letters,
 3        furnished  to  the health care provider by the requesting
 4        party or the party's attorney, before giving testimony in
 5        any deposition or trial or other hearing;
 6             (4)  confer with  the  requesting  party's  attorney
 7        before  giving  testimony  in  any deposition or trial or
 8        other hearing and engage in discussion with the  attorney
 9        on   the   subjects   of   the   health  care  provider's
10        observations related to  the  allegedly  injured  party's
11        health,  including  the  following:  the patient history,
12        whether charted or otherwise recorded or not; the  health
13        care  provider's  opinions related to the patient's state
14        of health, prognosis, etiology, or cause of the patient's
15        state of health at any time, and the nature  and  quality
16        of care by other health care providers, including whether
17        any  standard  of  care  was or was not breached; and the
18        testimony the health care provider would give in response
19        to  any  point  of  interrogation,  and  the   education,
20        experience,   and   qualifications  of  the  health  care
21        provider.
22        The form  of  the  Consent  furnished  pursuant  to  this
23    subsection  (a)  shall recite that it is signed and delivered
24    under the authority of this subsection.  Any variation in the
25    form of the Consent required by any health care provider, not
26    subject to the jurisdiction of the circuit court before which
27    the action is pending, to whom a request  is  directed  under
28    subdivision  (1)  or  (2)  of  this  subsection  (a) shall be
29    accepted by the allegedly injured party and the revised  form
30    requested  by  the  health  care provider shall be signed and
31    delivered to the requesting party within 28 days after it  is
32    tendered for signature.
33        All  documents  and  information  obtained  pursuant to a
34    Consent shall be considered confidential.  Disclosure may  be
 
                            -16-     LRB093 02123 WGH 02130 b
 1    made  only  to  the  parties  to the action, their attorneys,
 2    their   insurers'   representatives,   and   witnesses    and
 3    consultants   whose   testimony  concerns  medical  treatment
 4    prognosis, or rehabilitation, including expert witnesses.
 5        A request for a Consent under this  subsection  (a)  does
 6    not  preclude  such  subsequent requests as may reasonably be
 7    made seeking to expand the scope of an earlier Consent  which
 8    was  limited  to  less  than  all  the authority permitted by
 9    subdivisions (1)  through  (4)  of  this  subsection  (a)  or
10    seeking additional Consents for other health care providers.
11        The provisions of this subsection (a) do not restrict the
12    right of any party to discovery pursuant to rule.
13        Should a plaintiff refuse to timely comply with a request
14    for  signature  and  delivery  of a consent permitted by this
15    subsection (a) the court, on motion,  shall  issue  an  order
16    authorizing  disclosure  to  the  party or parties requesting
17    said consent of all records and information mentioned  herein
18    or order the cause dismissed pursuant to Section 2-619(a)(9).
19        (a-1)  Discovery,  admissions  of fact and of genuineness
20    of documents and  answers  to  interrogatories  shall  be  in
21    accordance with rules.
22        (b)  The  taking  of  depositions,  whether  for  use  in
23    evidence  or for purposes of discovery in proceedings in this
24    State or  elsewhere,  and  fees  and  charges  in  connection
25    therewith, shall be in accordance with rules.
26        (c)  A  party  shall not be required to furnish the names
27    or addresses of his or her witnesses, except that upon motion
28    of any party disclosure of the identity of  expert  witnesses
29    shall be made to all parties and the court in sufficient time
30    in  advance  of  trial  so  as to insure a fair and equitable
31    preparation of the case by all parties.
32        (d)  Whenever the defendant in  any  litigation  in  this
33    State   has   the  right  to  demand  a  physical  or  mental
34    examination of the plaintiff pursuant to statute  or  Supreme
 
                            -17-     LRB093 02123 WGH 02130 b
 1    Court Rule, relative to the occurrence and extent of injuries
 2    or damages for which claim is made, or in connection with the
 3    plaintiff's  capacity to exercise any right plaintiff has, or
 4    would have but for a finding based upon such examination, the
 5    plaintiff has the right to have his or her attorney, or  such
 6    other  person  as  the  plaintiff  may  wish, present at such
 7    physical or mental examination.
 8        (e)  No person  or  organization  shall  be  required  to
 9    furnish  claims,  loss or risk management information held or
10    provided by an insurer, which  information  is  described  in
11    Section 143.10a of the "Illinois Insurance Code".
12        (f)  This  amendatory  Act  of  1995 applies to causes of
13    action filed on and after its effective date.
14    (Source: P.A. 84-1431; 89-7.)

15        (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
16        Sec. 2-1107.1.  Jury instruction in tort actions. In  all
17    actions  on  account  of  bodily  injury or death or physical
18    damage to property based on negligence, or product  liability
19    based  on  any  theory or doctrine strict tort liability, the
20    court shall instruct the jury in writing, to the extent  that
21    it  is  true,  that  any  award  of  compensatory  damages or
22    punitive damages will not be taxable under federal  or  State
23    income  tax  law.  The court shall not inform or instruct the
24    jury that the defendant shall be found not liable if the jury
25    finds that the contributory fault of the  plaintiff  is  more
26    than  50%  of the proximate cause of the injury or damage for
27    which recovery is sought, but it shall be  the  duty  of  the
28    court to deny recovery if the jury finds that the plaintiff's
29    contributory fault is more than 50% of the proximate cause of
30    the injury or damage.  The court shall not inform or instruct
31    the   jury  concerning  any  limitations  in  the  amount  of
32    non-economic   damages   or   punitive   damages   that   are
33    recoverable, but it shall be the duty of the trial court upon
 
                            -18-     LRB093 02123 WGH 02130 b
 1    entering judgment to reduce  any  award  in  excess  of  such
 2    limitation to no more than the proper limitation.
 3        This  amendatory  Act of 1995 applies to causes of action
 4    filed on or after its effective date.
 5    (Source: P.A. 84-1431; 89-7.)

 6        (735 ILCS 5/2-1109) (from Ch. 110, par. 2-1109)
 7        Sec. 2-1109.  Itemized  verdicts.  In  every  case  where
 8    damages for bodily injury or death to the person are assessed
 9    by  the  jury  the verdict shall be itemized so as to reflect
10    the monetary distribution, if any, among  economic  loss  and
11    non-economic  loss  as  defined  in Section 2-1115.2, if any,
12    and,  in  healing  art  medical  malpractice  cases,  further
13    itemized so as to reflect the distribution of  economic  loss
14    by category, such itemization of economic loss by category to
15    include:  (a)  amounts  intended to compensate for reasonable
16    expenses which have been incurred, or which will be incurred,
17    for necessary medical,  surgical,  x-ray,  dental,  or  other
18    health  or  rehabilitative  services, drugs, and therapy; (b)
19    amounts intended to compensate for  lost  wages  or  loss  of
20    earning  capacity;  and (c) all other economic losses claimed
21    by the plaintiff or granted by the jury.   Each  category  of
22    economic loss shall be further itemized into amounts intended
23    to  compensate  for  losses which have been incurred prior to
24    the verdict and amounts intended  to  compensate  for  future
25    losses which will be incurred in the future.
26        This  amendatory  Act of 1995 applies to causes of action
27    filed on or after its effective date.
28    (Source: P.A. 84-7; 89-7.)

29        (735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116)
30        Sec. 2-1116.  Limitation on  recovery  in  tort  actions;
31    fault.
32        (a)  The  purpose  of  this  Section  is  to allocate the
 
                            -19-     LRB093 02123 WGH 02130 b
 1    responsibility  of  bearing  or  paying  damages  in  actions
 2    brought on account  of  death,  bodily  injury,  or  physical
 3    damage  to  property  according to the proportionate fault of
 4    the persons who proximately caused the damage.
 5        (b)  As used in this Section:
 6        "Fault" means any act or omission that (i) is  negligent,
 7    willful and wanton, or reckless, is a breach of an express or
 8    implied  warranty, gives rise to strict liability in tort, or
 9    gives rise to liability under the  provisions  of  any  State
10    statute,  rule,  or  local  ordinance and (ii) is a proximate
11    cause of death, bodily injury to person, or  physical  damage
12    to property for which recovery is sought.
13        "Contributory  fault"  means any fault on the part of the
14    plaintiff  (including  but   not   limited   to   negligence,
15    assumption  of  the  risk,  or willful and wanton misconduct)
16    which is a proximate cause of the  death,  bodily  injury  to
17    person,  or physical damage to property for which recovery is
18    sought.
19        "Tortfeasor" means  any  person,  excluding  the  injured
20    person, whose fault is a proximate cause of the death, bodily
21    injury  to  person,  or physical damage to property for which
22    recovery is sought, regardless of whether that person is  the
23    plaintiff's  employer,  regardless  of whether that person is
24    joined as a party to the action, and  regardless  of  whether
25    that person may have settled with the plaintiff.
26        (c)  In all actions on account of death, bodily injury or
27    death  or  physical  damage  to property in which recovery is
28    predicated  upon  fault,  based  on  negligence,  or  product
29    liability based on strict tort  liability,  the  contributory
30    fault  chargeable to the plaintiff shall be compared with the
31    fault of all tortfeasors whose fault was a proximate cause of
32    the death, injury, loss, or  damage  for  which  recovery  is
33    sought.   the  plaintiff  shall  be  barred  from  recovering
34    damages  if  the  trier  of  fact finds that the contributory
 
                            -20-     LRB093 02123 WGH 02130 b
 1    fault on the part of the plaintiff is more than  50%  of  the
 2    proximate cause of the injury or damage for which recovery is
 3    sought.  The  plaintiff  shall  not be barred from recovering
 4    damages if the trier of  fact  finds  that  the  contributory
 5    fault  on  the  part of the plaintiff is not more than 50% of
 6    the proximate  cause  of  the  injury  or  damage  for  which
 7    recovery  is sought, but any economic or non-economic damages
 8    allowed shall be diminished in the proportion to  the  amount
 9    of fault attributable to the plaintiff.
10        (d)  Nothing in this Section shall be construed to create
11    a cause of action.
12        (e)  This  amendatory  Act  of  1995 applies to causes of
13    action accruing on or after its effective date.
14    (Source: P.A. 84-1431; 89-7.)

15        (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
16        Sec. 2-1117.  Several Joint liability.
17        (a)  In any action brought on account  of  death,  bodily
18    injury  to  person,  or  physical damage to property in which
19    recovery is predicated  upon  fault  as  defined  in  Section
20    2-1116,  a  defendant  is severally liable only and is liable
21    only  for  that  proportion  of  recoverable   economic   and
22    non-economic  damages,  if  any,  that  the  amount  of  that
23    defendant's  fault,  if any, bears to the aggregate amount of
24    fault of all other tortfeasors, as defined in Section 2-1116,
25    whose fault was  a  proximate  cause  of  the  death,  bodily
26    injury,  economic  loss,  or  physical damage to property for
27    which recovery is sought.
28        (b)  Notwithstanding the provisions of subsection (a), in
29    any healing art malpractice action  based  on  negligence  or
30    wrongful  death, any defendants found liable shall be jointly
31    and severally  liable  if  the  limitations  on  non-economic
32    damages  in  Section  2-1115.1 of this Act are for any reason
33    deemed or found to be invalid.
 
                            -21-     LRB093 02123 WGH 02130 b
 1        This amendatory Act of 1995 applies to causes  of  action
 2    filed on or after its effective date.
 3        Except  as  provided  in  Section  2-1118,  in actions on
 4    account of bodily injury  or  death  or  physical  damage  to
 5    property,  based on negligence, or product liability based on
 6    strict  tort  liability,  all  defendants  found  liable  are
 7    jointly and severally liable for plaintiff's past and  future
 8    medical  and medically related expenses.  Any defendant whose
 9    fault, as determined by the trier of fact, is less  than  25%
10    of  the  total  fault  attributable  to  the  plaintiff,  the
11    defendants  sued  by  the  plaintiff,  and  any  third  party
12    defendant who could have been sued by the plaintiff, shall be
13    severally  liable for all other damages.  Any defendant whose
14    fault, as determined by the trier of fact, is 25% or  greater
15    of  the  total  fault  attributable  to  the  plaintiff,  the
16    defendants  sued  by  the  plaintiff,  and  any  third  party
17    defendants  who  could have been sued by the plaintiff, shall
18    be jointly and severally liable for all other damages.
19    (Source: P.A. 84-1431; 89-7.)

20        (735 ILCS 5/2-1118)
21        Sec. 2-1118.  Exceptions.  Notwithstanding the provisions
22    of Section 2-1117, in any action in which the trier  of  fact
23    determines  that  the  injury or damage for which recovery is
24    sought was caused by an act involving the discharge into  the
25    environment  of any pollutant, including any waste, hazardous
26    substance,  irritant  or  contaminant,  including,  but   not
27    limited   to  smoke,  vapor,  soot,  fumes,  acids,  alkalis,
28    asbestos, toxic or corrosive chemicals, radioactive waste  or
29    mine tailings, and including any such material intended to be
30    recycled,  reconditioned  or  reclaimed, any defendants found
31    liable shall be jointly and severally liable for such damage.
32    However, Section 2-1117 shall apply to a defendant who  is  a
33    response   action  contractor.   As  used  in  this  Section,
 
                            -22-     LRB093 02123 WGH 02130 b
 1    "response   action   contractor"   means    an    individual,
 2    partnership, corporation, association, joint venture or other
 3    commercial  entity  or an employee, agent, sub-contractor, or
 4    consultant thereof which enters  into  a  contract,  for  the
 5    performance  of  remedial  or  response  action,  or  for the
 6    identification, handling, storage, treatment or disposal of a
 7    pollutant, which is entered into between any person or entity
 8    and a response action contractor when  such  response  action
 9    contractor  is  not liable for the creation or maintenance of
10    the condition to be ameliorated under the contract.
11        Notwithstanding the provisions of Section 2-1117, in  any
12    medical  malpractice  action,  as  defined in Section 2-1704,
13    based upon negligence, any defendants found liable  shall  be
14    jointly and severally liable.
15    (Source: P.A. 84-1431; 89-7.)

16        (735 ILCS 5/2-1205.1) (from Ch. 110, par. 2-1205.1)
17        Sec.  2-1205.1.  Reduction in amount of recovery.  In all
18    cases on account of bodily injury or death or physical damage
19    to property, based on negligence, or product liability  based
20    on  any  theory  or  doctrine strict tort liability, to which
21    Section 2-1205 does  not  apply,  the  amount  in  excess  of
22    $25,000   of  the  benefits  provided  for  medical  charges,
23    hospital charges, or nursing  or  caretaking  charges,  which
24    have  been  paid, or which have become payable by the date of
25    judgment to the injured person by any other insurance company
26    or fund in relation to a particular injury, shall be deducted
27    from any judgment. Provided, however, that:
28        (1)  Application is made within 30  days  to  reduce  the
29    judgment;
30        (2)  Such  reduction  shall  not apply to the extent that
31    there is a right of  recoupment  through  subrogation,  trust
32    agreement, contract, lien, operation of law or otherwise;
33        (3)  The  reduction shall not reduce the judgment by more
 
                            -23-     LRB093 02123 WGH 02130 b
 1    than 50% of the total amount of the judgment entered  on  the
 2    verdict; and
 3        (4)  The damages awarded shall be increased by the amount
 4    of  any  insurance  premiums  or the direct costs paid by the
 5    plaintiff  for  such  benefits  in  the  2  years  prior   to
 6    plaintiff's injury or death or to be paid by the plaintiff in
 7    the future for such benefits.
 8    (Source: P.A. 84-1431; 89-7.)

 9        (735 ILCS 5/2-1702) (from Ch. 110, par. 2-1702)
10        Sec.  2-1702.   Economic/Non-Economic  Loss.   As used in
11    this  Part,  "economic  loss"  and  "non-economic  loss"  are
12    defined as in Section 2-1115.2. :
13        (a)  "Economic loss" means all pecuniary harm  for  which
14    damages are recoverable.
15        (b)  "Non-economic loss" means loss of consortium and all
16    nonpecuniary   harm   for   which  damages  are  recoverable,
17    including,  without  limitation,   damages   for   pain   and
18    suffering,   inconvenience,   disfigurement,   and   physical
19    impairment.
20    (Source: P.A. 84-7; 89-7.)

21        (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
22        Sec.  8-802.   Physician  and  patient.   No physician or
23    surgeon shall be permitted to disclose any information he  or
24    she   may  have  acquired  in  attending  any  patient  in  a
25    professional  character,  necessary  to  enable  him  or  her
26    professionally to serve  the  patient,  except  only  (1)  in
27    trials  for  homicide when the disclosure relates directly to
28    the fact or immediate circumstances of the homicide,  (2)  in
29    actions,   civil  or  criminal,  against  the  physician  for
30    malpractice, (3) with the expressed consent of  the  patient,
31    or  in  case of his or her death or disability, of his or her
32    personal representative or other person authorized to sue for
 
                            -24-     LRB093 02123 WGH 02130 b
 1    personal injury or of the beneficiary of an insurance  policy
 2    on his or her life, health, or physical condition, (4) in all
 3    actions  brought  by  or  against  the  patient,  his  or her
 4    personal representative, a  beneficiary  under  a  policy  of
 5    insurance,  or  the  executor  or administrator of his or her
 6    estate wherein the patient's physical or mental condition  is
 7    an  issue, (5) upon an issue as to the validity of a document
 8    as a will of the patient, (6) in any  criminal  action  where
 9    the  charge  is  either  first  degree  murder  by  abortion,
10    attempted  abortion  or  abortion,  (7)  in actions, civil or
11    criminal, arising from the filing of a report  in  compliance
12    with the Abused and Neglected Child Reporting Act, (8) to any
13    department, agency, institution or facility which has custody
14    of  the  patient pursuant to State statute or any court order
15    of commitment, (9) in prosecutions where written  results  of
16    blood  alcohol  tests  are  admissible  pursuant  to  Section
17    11-501.4  of  the Illinois Vehicle Code, (10) in prosecutions
18    where written results of blood alcohol tests  are  admissible
19    under  Section 5-11a of the Boat Registration and Safety Act,
20    or (11) in criminal actions arising  from  the  filing  of  a
21    report  of  suspected  terrorist  offense  in compliance with
22    Section 29D-10(p)(7) of the Criminal Code of 1961.
23        In the event of a conflict  between  the  application  of
24    this   Section   and  the  Mental  Health  and  Developmental
25    Disabilities Confidentiality Act to a specific situation, the
26    provisions   of   the   Mental   Health   and   Developmental
27    Disabilities Confidentiality Act shall control.
28    (Source: P.A. 87-803;92-854, eff. 12-5-02.)

29        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
30        Sec. 8-2001.  Examination of records. Every  private  and
31    public  hospital  shall,  upon the request of any patient who
32    has been treated in  such  hospital  and  after  his  or  her
33    discharge therefrom, permit the patient, his or her physician
 
                            -25-     LRB093 02123 WGH 02130 b
 1    or  authorized  attorney  to  examine  the  hospital records,
 2    including but not limited  to  the  history,  bedside  notes,
 3    charts,  pictures  and  plates,  kept  in connection with the
 4    treatment of such patient, and permit copies of such  records
 5    to  be  made  by  him  or  her  or  his  or  her physician or
 6    authorized attorney.  A request for  copies  of  the  records
 7    shall   be   in   writing  and  shall  be  delivered  to  the
 8    administrator of  such  hospital.    The  hospital  shall  be
 9    reimbursed  by the person requesting copies of records at the
10    time of such copying for all reasonable  expenses,  including
11    the  costs of independent copy service companies, incurred by
12    the hospital in connection with such copying not to exceed  a
13    $20  handling  charge  for processing the request for copies,
14    and 75 cents per page for the first through  25th  pages,  50
15    cents  per page for the 26th through 50th pages, and 25 cents
16    per page for all pages in  excess  of  50  (except  that  the
17    charge  shall  not  exceed $1.25 per page for any copies made
18    from microfiche or microfilm),  and  actual  shipping  costs.
19    These  rates  shall be automatically adjusted as set forth in
20    Section 8-2006.  The hospital may, however,  charge  for  the
21    reasonable  cost  of  all  duplication  of record material or
22    information that cannot routinely be copied or duplicated  on
23    a  standard  commercial photocopy machine such as x-ray films
24    or pictures.
25        The requirements  of  this  Section  shall  be  satisfied
26    within  60 days of the receipt of a request by a patient, for
27    his or her physician, authorized attorney, or own person.
28        Failure to comply with the time limit requirement of this
29    Section shall subject  the  denying  party  to  expenses  and
30    reasonable  attorneys'  fees  incurred in connection with any
31    court ordered enforcement of the provisions of this Section.
32    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

33        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
 
                            -26-     LRB093 02123 WGH 02130 b
 1        Sec. 8-2003. Records of physicians and other health  care
 2    practitioners.   In  this  Section,  "practitioner" means any
 3    health care practitioner other  than  a  physician,  clinical
 4    psychologist, or clinical social worker.
 5        Every  physician and practitioner shall, upon the request
 6    of any patient who has been  treated  by  such  physician  or
 7    practitioner,  permit such patient's physician, practitioner,
 8    or authorized attorney to  examine  and  copy  the  patient's
 9    records,  including  but not limited to those relating to the
10    diagnosis, treatment, prognosis,  history,  charts,  pictures
11    and  plates,  kept  in  connection with the treatment of such
12    patient.  Such request  for  examining  and  copying  of  the
13    records  shall  be  in writing and shall be delivered to such
14    physician or practitioner.  Such  written  request  shall  be
15    complied  with  by  the  physician  or  practitioner within a
16    reasonable time after receipt by him or her  at  his  or  her
17    office  or  any  other  place  designated by him or her.  The
18    physician or practitioner shall be reimbursed by  the  person
19    requesting  such records at the time of such copying, for all
20    reasonable expenses, including the costs of independent  copy
21    service  companies, incurred by the physician or practitioner
22    in connection with such copying not to exceed a $20  handling
23    charge  for  processing  the request for copies, and 75 cents
24    per page for the first through 25th pages, 50 cents per  page
25    for  the  26th  through 50th pages, and 25 cents per page for
26    all pages in excess of 50 (except that the charge  shall  not
27    exceed  $1.25 per page for any copies made from microfiche or
28    microfilm), and actual shipping costs.  These rates shall  be
29    automatically  adjusted  as set forth in Section 8-2006.  The
30    physician or other practitioner may, however, charge for  the
31    reasonable  cost  of  all  duplication  of record material or
32    information that cannot routinely be copied or duplicated  on
33    a  standard  commercial photocopy machine such as x-ray films
34    or pictures.
 
                            -27-     LRB093 02123 WGH 02130 b
 1        The requirements  of  this  Section  shall  be  satisfied
 2    within  60  days  of the receipt of a request by a patient or
 3    his or her physician, practitioner, or authorized attorney.
 4        Failure to comply with the time limit requirement of this
 5    Section shall subject  the  denying  party  to  expenses  and
 6    reasonable  attorneys'  fees  incurred in connection with any
 7    court ordered enforcement of the provisions of this Section.
 8    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

 9        (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
10        Sec.  8-2004.   Records  of  clinical  psychologists  and
11    clinical  social  workers.    Except   where   the   clinical
12    psychologist or clinical social worker consents, records of a
13    clinical  psychologist or clinical social worker regulated in
14    this State, relating to psychological services or social work
15    services, shall not be  examined  or  copied  by  a  patient,
16    unless  otherwise  ordered by the court for good cause shown.
17    For the purpose of obtaining records, the patient or  his  or
18    her  authorized  agent  may apply to the circuit court of the
19    county in which the patient resides or the  county  in  which
20    the  clinical psychologist or clinical social worker resides.
21    The clinical psychologist or clinical social worker shall  be
22    reimbursed  by  the person requesting the records at the time
23    of the copying, for all reasonable  expenses,  including  the
24    costs  of independent copy service companies, incurred by the
25    clinical psychologist or clinical social worker in connection
26    with the copying, not to exceed a  $20  handling  charge  for
27    processing  the request for copies, and 75 cents per page for
28    the first through 25th pages, 50 cents per page for the  26th
29    through  50th  pages,  and 25 cents per page for all pages in
30    excess of 50 (except that the charge shall not  exceed  $1.25
31    per  page  for any copies made from microfiche or microfilm),
32    and  actual   shipping   costs.    These   rates   shall   be
33    automatically  adjusted  as set forth in Section 8-2006.  The
 
                            -28-     LRB093 02123 WGH 02130 b
 1    clinical psychologist or clinical social worker may, however,
 2    charge for the reasonable cost of all duplication  of  record
 3    material  or  information  that cannot routinely be copied or
 4    duplicated or a standard commercial photocopy machine such as
 5    pictures.
 6    (Source: P.A. 87-530; 92-228, eff. 9-1-01.)

 7        (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
 8        Sec. 8-2501.  Expert Witness Standards.  In any  case  in
 9    which  the  standard of care applicable to given by a medical
10    professional profession is at issue, the  court  shall  apply
11    the  following  standards to determine if a witness qualifies
12    as an expert witness and can testify  on  the  issue  of  the
13    appropriate standard of care.
14        (a)  Whether  the  witness  is  board  certified or board
15    eligible in the same medical specialties as the defendant and
16    is  familiar  with  the  same  Relationship  of  the  medical
17    specialties of the witness to the medical problem or problems
18    or and the type of treatment administered in the case;
19        (b)  Whether the witness has devoted  75%  a  substantial
20    portion  of  his  or  her  time  to the practice of medicine,
21    teaching or University based  research  in  relation  to  the
22    medical  care  and type of treatment at issue which gave rise
23    to the medical problem of which the plaintiff complains;
24        (c)  whether the witness is licensed by any state or  the
25    District of Columbia in the same profession as the defendant;
26    and
27        (d)  whether,  in  the  case against a nonspecialist, the
28    witness can demonstrate a  sufficient  familiarity  with  the
29    standard of care practiced in this State.
30        An   expert  shall  provide  proof  of  active  practice,
31    teaching,  or  engaging  in  university-based  research.   If
32    retired, an expert  must  provide  proof  of  attendance  and
33    completion  of  continuing  education  courses  for  3  years
 
                            -29-     LRB093 02123 WGH 02130 b
 1    previous to giving testimony.  No expert who has not actively
 2    practiced,   taught,  or  been  engaged  in  university-based
 3    research for 10 years may be qualified as an expert witness.
 4        This amendatory Act of 1995 applies to causes  of  action
 5    filed on or after its effective date.
 6    (Source: P.A. 84-7; 89-7.)

 7        (735 ILCS 5/13-213) (from Ch. 110, par. 13-213)
 8        Sec. 13-213. Product liability; statute of repose.
 9        (a)  As used in this Section, the term:
10             (1)  "alteration,   modification   or   change"   or
11        "altered,  modified,  or  changed"  means  an alteration,
12        modification or change that  was  made  in  the  original
13        makeup  characteristics,  function or design of a product
14        or in  the  original  recommendations,  instructions  and
15        warnings  given  with  respect to a product including the
16        failure properly to maintain and care for  a product.
17             (2)  "product" means any tangible  object  or  goods
18        distributed  in  commerce, including any service provided
19        in connection with the product. Where the  term  "product
20        unit"  is  used,  it refers to a single item or unit of a
21        product.
22             (3)  "product liability  action"  means  any  action
23        based  on  any theory or the doctrine of strict liability
24        in tort brought  against  the  seller  of  a  product  on
25        account  of personal injury, (including illness, disease,
26        disability and death)  or  property,  economic  or  other
27        damage   allegedly   caused  by  or  resulting  from  the
28        manufacture,   construction,    preparation,    assembly,
29        installation,     testing,    makeup,    characteristics,
30        functions,   design,   formula,   plan,   recommendation,
31        specification,    prescription,    advertising,     sale,
32        marketing,  packaging,  labeling,  repair, maintenance or
33        disposal of, or  warning  or  instruction  regarding  any
 
                            -30-     LRB093 02123 WGH 02130 b
 1        product.   This  definition  excludes  actions brought by
 2        State or federal regulatory agencies pursuant to statute.
 3             (4)  "seller" means one who,  in  the  course  of  a
 4        business  conducted  for the purpose, sells, distributes,
 5        leases,  assembles,  installs,  produces,   manufactures,
 6        fabricates,   prepares,   constructs,  packages,  labels,
 7        markets, repairs, maintains, or otherwise is involved  in
 8        placing a product in the stream of commerce.
 9        (b)  Subject to the provisions of subsections (c) and (d)
10    no  product  liability  action  based  on  any  theory or the
11    doctrine of strict  liability  in  tort  shall  be  commenced
12    except  within  the applicable limitations period and, in any
13    event, within 12 years from the date of first sale, lease  or
14    delivery  of possession by a seller or 10 years from the date
15    of first sale, lease or delivery of possession to its initial
16    user, consumer, or other non-seller, whichever period expires
17    earlier, of any product unit that is claimed to have  injured
18    or  damaged the plaintiff, unless the defendant expressly has
19    warranted or promised the product for a longer period and the
20    action is brought within that period.
21        (c)  No product liability action based on any  theory  or
22    the  doctrine  of  strict  liability  in  tort to recover for
23    injury or damage claimed to have resulted from an alteration,
24    modification or change of the product unit subsequent to  the
25    date  of  first  sale, lease or delivery of possession of the
26    product  unit  to  its  initial  user,  consumer   or   other
27    non-seller  shall  be  limited  or  barred  by subsection (b)
28    hereof if:
29             (1)  the action is brought against a seller  making,
30        authorizing,    or    furnishing    materials   for   the
31        accomplishment of such alteration, modification or change
32        (or  against  a  seller  furnishing   specifications   or
33        instructions  for the  accomplishment of such alteration,
34        modification or change when the injury is claimed to have
 
                            -31-     LRB093 02123 WGH 02130 b
 1        resulted from failure to provide adequate  specifications
 2        or instructions), and
 3             (2)  the  action  commenced  within  the  applicable
 4        limitation period and, in any event, within 10 years from
 5        the  date  such  alteration,  modification  or change was
 6        made,  unless  defendant  expressly  has   warranted   or
 7        promised  the  product for a longer period and the action
 8        is brought within that period, and
 9             (3)  when the injury or damage is  claimed  to  have
10        resulted  from an alteration, modification or change of a
11        product  unit,  there  is  proof  that  such  alteration,
12        modification or change had the effect of introducing into
13        the use of the  product  unit,  by  reason  of  defective
14        materials  or workmanship, a hazard not existing prior to
15        such alteration, modification or change.
16        (d)  Notwithstanding the provisions of subsection (b) and
17    paragraph (2) of subsection (c) if the injury  complained  of
18    occurs  within  any of the periods provided by subsection (b)
19    and paragraph (2) of subsection (c), the plaintiff may  bring
20    an action within 2 years after the date on which the claimant
21    knew,  or through the use of reasonable diligence should have
22    known, of the existence of  the  personal  injury,  death  or
23    property damage, but in no event shall such action be brought
24    more  than  8  years  after  the  date on which such personal
25    injury, death or property damage occurred.  In any such case,
26    if the person entitled to bring the action was, at  the  time
27    the personal injury, death or property damage occurred, under
28    the  age  of  18 years, or under a legal disability, then the
29    period of limitations does not begin to run until the  person
30    attains the age of 18 years, or the disability is removed.
31        (e)  Replacement  of  a  component part of a product unit
32    with a substitute part having the same formula or  design  as
33    the  original  part  shall  not  be  deemed  a sale, lease or
34    delivery of possession  or  an  alteration,  modification  or
 
                            -32-     LRB093 02123 WGH 02130 b
 1    change  for  the  purpose  of  permitting  commencement  of a
 2    product liability action based on any theory or the  doctrine
 3    of  strict  liability in tort to recover for injury or damage
 4    claimed to have resulted from the formula or design  of  such
 5    product unit or of the substitute part when such action would
 6    otherwise be barred according to the provisions of subsection
 7    (b) of this Section.
 8        (f)  Nothing in this Section shall be construed to create
 9    a  cause  of  action  or to affect the right of any person to
10    seek and obtain indemnity or contribution.
11        (g)  The provisions of this Section 13-213  of  this  Act
12    apply  to any cause of action accruing on or after January 1,
13    1979, involving any product  which  was  in  or  entered  the
14    stream of commerce prior to, on, or after January 1, 1979.
15        (h)  This  amendatory  Act  of  1995 applies to causes of
16    action accruing on or after its effective date.
17    (Source: P.A. 85-907; 86-1329; 89-7.)

18        (735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
19        Sec. 13-214.3.  Attorneys.
20        (a)  In  this  Section:   "attorney"  includes   (i)   an
21    individual  attorney,  together with his or her employees who
22    are attorneys, (ii) a professional partnership of  attorneys,
23    together  with  its  employees, partners, and members who are
24    attorneys, and (iii) a professional  service  corporation  of
25    attorneys,   together   with  its  employees,  officers,  and
26    shareholders who are attorneys; and  "non-attorney  employee"
27    means  a  person who is not an attorney but is employed by an
28    attorney.
29        (b)  An action for damages based on  tort,  contract,  or
30    otherwise  (i)  against  an attorney arising out of an act or
31    omission in the performance of professional services or  (ii)
32    against  a  non-attorney  employee  arising  out of an act or
33    omission in the  course  of  his  or  her  employment  by  an
 
                            -33-     LRB093 02123 WGH 02130 b
 1    attorney  to  assist  the attorney in performing professional
 2    services must be commenced within 2 years from the  time  the
 3    person  bringing  the  action  knew or reasonably should have
 4    known of the injury for which damages are sought.
 5        (c)  Except as provided  in  subsection  (d),  an  action
 6    described in subsection (b) may not be commenced in any event
 7    more than 6 years after the date on which the act or omission
 8    occurred.
 9        (d)  (Blank.)  When  the  injury  caused  by  the  act or
10    omission does not occur until the death  of  the  person  for
11    whom  the professional services were rendered, the action may
12    be commenced within 2 years after the date  of  the  person's
13    death  unless  letters  of  office are issued or the person's
14    will is admitted to probate within that  2  year  period,  in
15    which  case  the action must be commenced within the time for
16    filing claims against the estate or a petition contesting the
17    validity of the will of the  deceased  person,  whichever  is
18    later, as provided in the Probate Act of 1975.
19        (e)  If  the person entitled to bring the action is under
20    the age of majority or under other legal  disability  at  the
21    time  the  cause of action accrues, the period of limitations
22    shall not begin to run until  majority  is  attained  or  the
23    disability is removed.
24        (f)  The  provisions  of Public Act 86-1371 creating this
25    Section apply This Section applies to all  causes  of  action
26    accruing on or after its effective date.
27        (g)  This  amendatory  Act of 1995 applies to all actions
28    filed on or after its effective date.  If,  as  a  result  of
29    this  amendatory  Act of 1995, the action is either barred or
30    there remains less than 2 years to bring the action, then the
31    individual may  bring  the  action  within  2  years  of  the
32    effective date of this amendatory Act of 1995.
33    (Source: P.A. 86-1371; 89-7.)
 
                            -34-     LRB093 02123 WGH 02130 b
 1        (735 ILCS 5/13-217) (from Ch. 110, par. 13-217)
 2        Sec.  13-217.  Reversal  or  dismissal.  In  the  actions
 3    specified  in  Article  XIII  of this Act or any other act or
 4    contract where the time for commencing an action is  limited,
 5    if  judgment  is  entered  for  the plaintiff but reversed on
 6    appeal, or if there is a verdict in favor  of  the  plaintiff
 7    and,  upon  a  motion  in arrest of judgment, the judgment is
 8    entered against the plaintiff, or the action  is  voluntarily
 9    dismissed  by  the  plaintiff, or the action is dismissed for
10    want of prosecution, or the action is dismissed by  a  United
11    States District Court for lack of jurisdiction, or the action
12    is  dismissed  by a United States District Court for improper
13    venue, then, whether or not the time limitation for  bringing
14    such  action  expires during the pendency of such action, the
15    plaintiff, his or her heirs, executors or administrators  may
16    commence a new action within one year or within the remaining
17    period  of  limitation,  whichever  is  greater,  after  such
18    judgment  is  reversed  or  entered against the plaintiff, or
19    after the action is voluntarily dismissed by  the  plaintiff,
20    or  the  action  is dismissed for want of prosecution, or the
21    action is dismissed by a United  States  District  Court  for
22    lack  of jurisdiction, or the action is dismissed by a United
23    States District Court for improper venue.  No action which is
24    voluntarily dismissed by the plaintiff or dismissed for  want
25    of  prosecution  by the court may be filed where the time for
26    commencing the action has expired.
27        This amendatory Act of 1995 applies to causes  of  action
28    accruing on or after its effective date.
29    (Source: P.A. 87-1252.)

30        (735 ILCS 5/2-623 rep.)
31        (735 ILCS 5/2-624 rep.)
32        (735 ILCS 5/2-1115.05 rep.)
33        (735 ILCS 5/2-1115.1 rep.)
 
                            -35-     LRB093 02123 WGH 02130 b
 1        (735 ILCS 5/2-1115.2 rep.)
 2        (735 ILCS 5/Art. II, Part 21 heading rep.)
 3        (735 ILCS 5/2-2101 rep.)
 4        (735 ILCS 5/2-2102 rep.)
 5        (735 ILCS 5/2-2103 rep.)
 6        (735 ILCS 5/2-2104 rep.)
 7        (735 ILCS 5/2-2105 rep.)
 8        (735 ILCS 5/2-2106 rep.)
 9        (735 ILCS 5/2-2106.5 rep.)
10        (735 ILCS 5/2-2107 rep.)
11        (735 ILCS 5/2-2108 rep.)
12        (735 ILCS 5/2-2109 rep.)
13        Section  20.  Sections 2-623, 2-624, 2-1115.05, 2-1115.1,
14    and 2-1115.2 and Part 21 of Article II of this Code of  Civil
15    Procedure are repealed.

16        Section  25.  Sections  4  and  5 of the Joint Tortfeasor
17    Contribution Act are re-enacted as follows:

18        (740 ILCS 100/4) (from Ch. 70, par. 304)
19        Sec.  4.  Rights  of  Plaintiff  Unaffected.   Except  as
20    provided in Section 3.5 of this Act, A plaintiff's  right  to
21    recover  the full amount of his judgment from any one or more
22    defendants subject to liability in tort for the  same  injury
23    to person or property, or for wrongful death, is not affected
24    by the provisions of this Act.
25    (Source: P.A. 81-601; 89-7.)

26        (740 ILCS 100/5) (from Ch. 70, par. 305)
27        Sec.  5.  Enforcement.  Other than in actions for healing
28    art malpractice, A cause of  action  for  contribution  among
29    joint  tortfeasors  is not required to be asserted during the
30    pendency of litigation brought  by  a  claimant  and  may  be
31    asserted  by  a  separate action before or after payment of a
 
                            -36-     LRB093 02123 WGH 02130 b
 1    settlement or judgment in favor of the claimant,  or  may  be
 2    asserted  by  counterclaim  or  by third-party complaint in a
 3    pending action.
 4        This amendatory Act of 1995 applies to causes  of  action
 5    filed on or after its effective date.
 6    (Source: P.A. 81-601; 89-7.)

 7        (740 ILCS 100/3.5 rep.)
 8        Section   27.  Section   3.5   of  the  Joint  Tortfeasor
 9    Contribution Act is repealed.

10        Section 30.  Sections 9 and 10 of the Mental  Health  and
11    Developmental Disabilities Confidentiality Act are re-enacted
12    as follows:

13        (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
14        Sec.  9.  In   the course of providing services and after
15    the conclusion of the provision of services, a therapist  may
16    disclose a record or communications without consent to:
17             (1)  the   therapist's   supervisor,   a  consulting
18        therapist, members of a staff team participating  in  the
19        provision  of  services,  a record custodian, or a person
20        acting  under  the  supervision  and   control   of   the
21        therapist;
22             (2)  persons   conducting   a  peer  review  of  the
23        services being provided;
24             (3)  the Institute for  Juvenile  Research  and  the
25        Institute for the Study of Developmental Disabilities;
26             (4)  an   attorney   or   advocate  consulted  by  a
27        therapist or agency which  provides  services  concerning
28        the  therapist's  or  agency's  legal rights or duties in
29        relation  to  the  recipient  and  the   services   being
30        provided; and
31             (5)  the  Inspector  General  of  the  Department of
 
                            -37-     LRB093 02123 WGH 02130 b
 1        Children  and  Family  Services  when  such  records   or
 2        communications  are  relevant  to a pending investigation
 3        authorized by Section 35.5 of  the  Children  and  Family
 4        Services Act where:
 5                  (A)  the  recipient  was  either  (i) a parent,
 6             foster  parent,  or  caretaker  who  is  an  alleged
 7             perpetrator of abuse or neglect or the subject of  a
 8             dependency  investigation  or (ii) a non-ward victim
 9             of alleged abuse or neglect, and
10                  (B)  available  information  demonstrates  that
11             the mental health of the  recipient  was  or  should
12             have been an issue to the safety of the child.
13        In  the  course  of  providing  services, a therapist may
14    disclose a record or communications without  consent  to  any
15    department, agency, institution or facility which has custody
16    of the recipient pursuant to State statute or any court order
17    of commitment.
18        Information  may  be disclosed under this Section only to
19    the extent that knowledge of the record or communications  is
20    essential  to  the  purpose  for which disclosure is made and
21    only after the recipient is informed that such disclosure may
22    be made.  A person to whom  disclosure  is  made  under  this
23    Section  shall  not  redisclose  any  information  except  as
24    provided in this Act.
25    (Source: P.A. 86-955; 90-512, eff. 8-22-97.)

26        (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
27        Sec.  10.  (a)  Except  as provided herein, in any civil,
28    criminal, administrative, or legislative  proceeding,  or  in
29    any  proceeding  preliminary  thereto,  a  recipient,  and  a
30    therapist  on  behalf and in the interest of a recipient, has
31    the privilege to  refuse  to  disclose  and  to  prevent  the
32    disclosure of the recipient's record or communications.
33             (1)  Records  and communications may be disclosed in
 
                            -38-     LRB093 02123 WGH 02130 b
 1        a civil, criminal or administrative proceeding  in  which
 2        the  recipient  introduces  his  mental  condition or any
 3        aspect of his services received for such condition as  an
 4        element  of  his  claim  or  defense,  if and only to the
 5        extent the court  in  which  the  proceedings  have  been
 6        brought, or, in the case of an administrative proceeding,
 7        the  court  to which an appeal or other action for review
 8        of an administrative determination may be  taken,  finds,
 9        after   in  camera  examination  of  testimony  or  other
10        evidence, that it  is  relevant,  probative,  not  unduly
11        prejudicial   or   inflammatory,  and  otherwise  clearly
12        admissible;   that   other   satisfactory   evidence   is
13        demonstrably unsatisfactory  as  evidence  of  the  facts
14        sought  to  be  established  by  such  evidence; and that
15        disclosure  is  more  important  to  the   interests   of
16        substantial  justice  than  protection from injury to the
17        therapist-recipient relationship or to the  recipient  or
18        other  whom  disclosure  is  likely to harm.  Except in a
19        criminal  proceeding  in  which  the  recipient,  who  is
20        accused  in  that  proceeding,  raises  the  defense   of
21        insanity,  no record or communication between a therapist
22        and a recipient shall be deemed relevant for purposes  of
23        this  subsection,  except the fact of treatment, the cost
24        of services and the ultimate diagnosis unless  the  party
25        seeking   disclosure   of   the   communication   clearly
26        establishes  in the trial court a compelling need for its
27        production. However, for purposes of  this  Act,  in  any
28        action  brought  or  defended under the Illinois Marriage
29        and Dissolution of Marriage Act,  or  in  any  action  in
30        which  pain  and  suffering  is  an element of the claim,
31        mental condition shall not be  deemed  to  be  introduced
32        merely  by  making  such  claim and shall be deemed to be
33        introduced only if the recipient  or  a  witness  on  his
34        behalf   first   testifies   concerning   the  record  or
 
                            -39-     LRB093 02123 WGH 02130 b
 1        communication.
 2             (2)  Records or communications may be disclosed in a
 3        civil proceeding after the  recipient's  death  when  the
 4        recipient's   physical   or  mental  condition  has  been
 5        introduced as an element of a claim  or  defense  by  any
 6        party  claiming  or defending through or as a beneficiary
 7        of the recipient, provided  the  court  finds,  after  in
 8        camera  examination of the evidence, that it is relevant,
 9        probative, and otherwise clearly admissible;  that  other
10        satisfactory  evidence  is  not  available  regarding the
11        facts sought to be established by such evidence; and that
12        disclosure  is  more  important  to  the   interests   of
13        substantial justice than protection from any injury which
14        disclosure is likely to cause.
15             (3)  In the event of a claim made or an action filed
16        by  a  recipient, or, following the recipient's death, by
17        any party claiming as a beneficiary of the recipient  for
18        injury caused in the course of providing services to such
19        recipient,  the therapist and other persons whose actions
20        are alleged to have been the cause of injury may disclose
21        pertinent records and communications to  an  attorney  or
22        attorneys  engaged  to render advice about and to provide
23        representation in connection  with  such  matter  and  to
24        persons working under the supervision of such attorney or
25        attorneys,   and  may  testify  as  to  such  records  or
26        communication  in   any   administrative,   judicial   or
27        discovery  proceeding  for  the  purpose of preparing and
28        presenting a defense against such claim or action.
29             (4)  Records and communications  made  to  or  by  a
30        therapist in the course of examination ordered by a court
31        for  good  cause  shown  may,  if  otherwise relevant and
32        admissible,  be  disclosed  in  a  civil,  criminal,   or
33        administrative  proceeding  in  which  the recipient is a
34        party or in appropriate  pretrial  proceedings,  provided
 
                            -40-     LRB093 02123 WGH 02130 b
 1        such  court  has  found  that  the  recipient has been as
 2        adequately and as effectively as possible informed before
 3        submitting to such  examination  that  such  records  and
 4        communications  would  not  be considered confidential or
 5        privileged.  Such records  and  communications  shall  be
 6        admissible  only  as  to issues involving the recipient's
 7        physical or mental condition and only to the extent  that
 8        these are germane to such proceedings.
 9             (5)  Records  and communications may be disclosed in
10        a proceeding under the Probate Act of 1975, to  determine
11        a   recipient's  competency  or  need  for  guardianship,
12        provided that the disclosure is made only with respect to
13        that issue.
14             (6)  Records and  communications  may  be  disclosed
15        when  such  are made during treatment which the recipient
16        is ordered to undergo to render him fit to stand trial on
17        a criminal charge, provided that the disclosure  is  made
18        only with respect to the issue of fitness to stand trial.
19             (7)  Records and communications of the recipient may
20        be  disclosed  in  any civil or administrative proceeding
21        involving the validity  of  or  benefits  under  a  life,
22        accident,   health  or  disability  insurance  policy  or
23        certificate,  or  Health  Care  Service  Plan   Contract,
24        insuring  the  recipient,  but  only if and to the extent
25        that the recipient's mental condition,  or  treatment  or
26        services  in  connection therewith, is a material element
27        of any claim or  defense  of  any  party,  provided  that
28        information  sought or disclosed shall not be redisclosed
29        except  in  connection  with  the  proceeding  in   which
30        disclosure is made.
31             (8)  Records or communications may be disclosed when
32        such  are  relevant  to  a  matter in issue in any action
33        brought  under  this  Act  and  proceedings   preliminary
34        thereto, provided that any information so disclosed shall
 
                            -41-     LRB093 02123 WGH 02130 b
 1        not  be utilized for any other purpose nor be redisclosed
 2        except in connection  with  such  action  or  preliminary
 3        proceedings.
 4             (9)  Records and communications of the recipient may
 5        be disclosed in investigations of and trials for homicide
 6        when  the  disclosure  relates  directly  to  the fact or
 7        immediate circumstances of the homicide.
 8             (10)  Records  and  communications  of  a   deceased
 9        recipient  may  be  disclosed  to  a coroner conducting a
10        preliminary  investigation  into  the  recipient's  death
11        under Section 3-3013  of  the  Counties  Code.   However,
12        records  and  communications  of  the  deceased recipient
13        disclosed in an investigation shall be limited solely  to
14        the   deceased  recipient's  records  and  communications
15        relating to the factual  circumstances  of  the  incident
16        being investigated in a mental health facility.
17             (11)  Records  and  communications  of  a  recipient
18        shall  be  disclosed  in a proceeding where a petition or
19        motion is filed under the Juvenile Court Act of 1987  and
20        the  recipient  is  named as a parent, guardian, or legal
21        custodian of a minor who is the subject of a petition for
22        wardship as described in Section 2-3 of  that  Act  or  a
23        minor  who  is  the subject of a petition for wardship as
24        described in Section 2-4 of that Act alleging  the  minor
25        is  abused,  neglected,  or dependent or the recipient is
26        named as a parent of a child who  is  the  subject  of  a
27        petition,  supplemental  petition, or motion to appoint a
28        guardian with the power  to  consent  to  adoption  under
29        Section 2-29 of the Juvenile Court Act of 1987.
30             (12)  Records  and communications of a recipient may
31        be disclosed when disclosure is necessary to collect sums
32        or receive third party payment representing  charges  for
33        mental  health  or  developmental  disabilities  services
34        provided  by  a  therapist  or  agency  to  a  recipient;
 
                            -42-     LRB093 02123 WGH 02130 b
 1        however,  disclosure  shall  be  limited  to  information
 2        needed  to  pursue  collection,  and  the  information so
 3        disclosed may not be used for any other purposes nor  may
 4        it  be  redisclosed  except in connection with collection
 5        activities. Whenever records are  disclosed  pursuant  to
 6        this subdivision (12), the recipient of the records shall
 7        be  advised  in  writing  that  any  person who discloses
 8        mental health records and communications in violation  of
 9        this  Act  may  be subject to civil liability pursuant to
10        Section 15 of this Act or to criminal penalties  pursuant
11        to Section 16 of this Act or both.
12        (b)  Before  a  disclosure  is made under subsection (a),
13    any party to the proceeding or any  other  interested  person
14    may   request   an   in   camera  review  of  the  record  or
15    communications  to  be  disclosed.   The  court   or   agency
16    conducting the proceeding may hold an in camera review on its
17    own  motion.  When,  contrary  to  the  express  wish  of the
18    recipient, the therapist asserts a privilege on behalf and in
19    the interest of a recipient, the court may require  that  the
20    therapist, in an in camera hearing, establish that disclosure
21    is  not  in the best interest of the recipient.  The court or
22    agency may prevent disclosure  or  limit  disclosure  to  the
23    extent  that  other  admissible  evidence  is  sufficient  to
24    establish  the facts in issue.  The court or agency may enter
25    such orders as may be  necessary  in  order  to  protect  the
26    confidentiality,  privacy,  and safety of the recipient or of
27    other persons.  Any order to  disclose  or  to  not  disclose
28    shall  be considered a final order for purposes of appeal and
29    shall be subject to interlocutory appeal.
30        (c)  A recipient's  records  and  communications  may  be
31    disclosed  to  a  duly  authorized  committee,  commission or
32    subcommittee of the General Assembly which possesses subpoena
33    and hearing powers, upon a  written  request  approved  by  a
34    majority  vote  of  the committee, commission or subcommittee
 
                            -43-     LRB093 02123 WGH 02130 b
 1    members.   The  committee,  commission  or  subcommittee  may
 2    request records only for the  purposes  of  investigating  or
 3    studying   possible  violations  of  recipient  rights.   The
 4    request shall state  the  purpose  for  which  disclosure  is
 5    sought.
 6        The facility shall notify the recipient, or his guardian,
 7    and therapist in writing of any disclosure request under this
 8    subsection  within  5 business days after such request.  Such
 9    notification shall also inform the  recipient,  or  guardian,
10    and  therapist  of  their  right  to object to the disclosure
11    within 10 business days after receipt of the notification and
12    shall include the name, address and telephone number  of  the
13    committee,  commission or subcommittee member or staff person
14    with whom an objection shall be filed.  If no  objection  has
15    been  filed  within  15  business  days after the request for
16    disclosure, the  facility  shall  disclose  the  records  and
17    communications  to the committee, commission or subcommittee.
18    If an objection has been filed within 15 business days  after
19    the  request  for disclosure, the facility shall disclose the
20    records  and  communications  only   after   the   committee,
21    commission  or  subcommittee  has  permitted  the  recipient,
22    guardian  or  therapist  to  present  his objection in person
23    before it and has renewed its request  for  disclosure  by  a
24    majority vote of its members.
25        Disclosure  under  this  subsection shall not occur until
26    all  personally  identifiable  data  of  the  recipient   and
27    provider  are  removed  from  the records and communications.
28    Disclosure under this  subsection  shall  not  occur  in  any
29    public proceeding.
30        (d)  No   party   to   any   proceeding  described  under
31    paragraphs (1), (2), (3), (4), (7), or (8) of subsection  (a)
32    of  this  Section,  nor  his  or  her attorney, shall serve a
33    subpoena   seeking   to   obtain   access   to   records   or
34    communications  under  this  Act  unless  the   subpoena   is
 
                            -44-     LRB093 02123 WGH 02130 b
 1    accompanied by a written order issued by a judge, authorizing
 2    the  disclosure  of  the  records  or  the  issuance  of  the
 3    subpoena.  No person shall comply with a subpoena for records
 4    or communications under this  Act,  unless  the  subpoena  is
 5    accompanied  by  a  written order authorizing the issuance of
 6    the subpoena or the disclosure of the records.
 7        (e)  When a  person  has  been  transported  by  a  peace
 8    officer to a mental health facility, then upon the request of
 9    a peace officer, if the person is allowed to leave the mental
10    health   facility  within  48  hours  of  arrival,  excluding
11    Saturdays, Sundays, and holidays, the facility director shall
12    notify the local  law  enforcement  authority  prior  to  the
13    release  of  the person.  The local law enforcement authority
14    may re-disclose the information as  necessary  to  alert  the
15    appropriate enforcement or prosecuting authority.
16        (f)  A  recipient's  records  and communications shall be
17    disclosed to the Inspector General of the Department of Human
18    Services  within  10  business  days  of  a  request  by  the
19    Inspector  General  in  the  course   of   an   investigation
20    authorized  by  the  Abused  and  Neglected  Long  Term  Care
21    Facility  Residents  Reporting  Act and applicable rule.  The
22    request shall be in  writing  and  signed  by  the  Inspector
23    General  or his or her designee.  The request shall state the
24    purpose for which  disclosure  is  sought.   Any  person  who
25    knowingly and willfully refuses to comply with such a request
26    is guilty of a Class A misdemeanor.
27    (Source:  P.A.  91-726,  eff.  6-2-00;  92-358, eff. 8-15-01;
28    92-708, eff. 7-19-02.)

29        Section 35.  Sections 2 and 3 of the  Premises  Liability
30    Act are re-enacted as follows:

31        (740 ILCS 130/2) (from Ch. 80, par. 302)
32        Sec.  2.   The  distinction  under the common law between
 
                            -45-     LRB093 02123 WGH 02130 b
 1    invitees and licensees as to the duty owed  by  an  owner  or
 2    occupier of any premises to such entrants is abolished.
 3        The duty owed to such entrants is that of reasonable care
 4    under  the  circumstances regarding the state of the premises
 5    or acts done or omitted on them. The duty of reasonable  care
 6    under  the  circumstances  which an owner or occupier of land
 7    owes to such entrants does not include any of the  following:
 8    a  duty  to  warn  of  or  otherwise take reasonable steps to
 9    protect such entrants from conditions on  the  premises  that
10    are  known  to  the  entrant,  are  open  and obvious, or can
11    reasonably be expected to be discovered  by  the  entrant;  a
12    duty  to  warn  of  latent  defects  or dangers or defects or
13    dangers unknown to the owner or occupier of the  premises;  a
14    duty  to  warn  such  entrants  of any dangers resulting from
15    misuse by the entrants of the premises or anything affixed to
16    or located on  the  premises;  or  a  duty  to  protect  such
17    entrants  from  their  own misuse of the premises or anything
18    affixed to or located on the premises.
19        This amendatory Act of 1995 applies to causes  of  action
20    accruing on or after its effective date.
21    (Source: P.A. 83-1398; 89-7.)

22        (740 ILCS 130/3) (from Ch. 80, par. 303)
23        Sec.  3.   Nothing  herein affects the law as regards any
24    category  of  trespasser,  including  the  trespassing  child
25    entrant. An owner or occupier of land owes no duty of care to
26    an adult trespasser other than to refrain  from  willful  and
27    wanton  conduct  that  would  endanger  the safety of a known
28    trespasser on the property from a condition of  the  property
29    or  an  activity  conducted  by  the owner or occupier on the
30    property.
31        This amendatory Act of 1995 applies  only  to  causes  of
32    action accruing on or after its effective date.
33    (Source: P.A. 83-1398; 89-7.)
 
                            -46-     LRB093 02123 WGH 02130 b
 1        Section  40.  Sections  1 and 2 of the Wrongful Death Act
 2    are re-enacted as follows:

 3        (740 ILCS 180/1) (from Ch. 70, par. 1)
 4        Sec. 1. Whenever the death of a person shall be caused by
 5    wrongful act, neglect or default, and  the  act,  neglect  or
 6    default  is  such  as  would,  if  death had not ensued, have
 7    entitled the party injured to maintain an action and  recover
 8    damages  in  respect thereof, then and in every such case the
 9    person who or company or corporation which  would  have  been
10    liable  if death had not ensued, shall be liable to an action
11    for damages, notwithstanding the death of the person injured,
12    and although the death shall  have  been  caused  under  such
13    circumstances  as  amount in law to felony.  No action may be
14    brought under this Act if the decedent had brought a cause of
15    action with  respect  to  the  same  underlying  incident  or
16    occurrence  which  was  settled  or  on  which  judgment  was
17    rendered.
18        This  amendatory  Act of 1995 applies to causes of action
19    accruing on or after its effective date.
20    (Source: Laws 1853, p. 97; P.A. 89-7.)

21        (740 ILCS 180/2) (from Ch. 70, par. 2)
22        Sec. 2.  Every such action shall be brought by and in the
23    names  of  the  personal  representatives  of  such  deceased
24    person, and, except as otherwise  hereinafter  provided,  the
25    amount  recovered  in  every  such  action  shall  be for the
26    exclusive benefit of the surviving spouse and next of kin  of
27    such  deceased  person  and in every such action the jury may
28    give such  damages  as  they  shall  deem  a  fair  and  just
29    compensation   with   reference  to  the  pecuniary  injuries
30    resulting from such death, to the surviving spouse  and  next
31    of kin of such deceased person.
32        In every such action, the jury shall determine the amount
 
                            -47-     LRB093 02123 WGH 02130 b
 1    of  damages  to  be  recovered  without regard to and with no
 2    special instruction as  to  the  dollar  limits  on  recovery
 3    imposed  by  this  Section.    In no event shall the judgment
 4    entered upon such verdict exceed  $20,000  where  such  death
 5    occurred  prior  to  July 14, 1955, and not exceeding $25,000
 6    where such death occurred on or after July 14, 1955 and prior
 7    to July 8, 1957, and not exceeding $30,000 where  such  death
 8    occurs  on  or  after July 8, 1957 and prior to the effective
 9    date of this amendatory Act of 1967, and  without  limitation
10    where  such  death  occurs  on or after the effective date of
11    this amendatory Act of 1967.
12        The  amount  recovered  in  any  such  action  shall   be
13    distributed  by  the court in which the cause is heard or, in
14    the case of an agreed settlement, by the  circuit  court,  to
15    each of the surviving spouse and next of kin of such deceased
16    person  in  the  proportion, as determined by the court, that
17    the percentage of dependency of each  such  person  upon  the
18    deceased  person  bears  to  the  sum  of  the percentages of
19    dependency of all such persons upon the deceased person.
20        Where the deceased person left  no  surviving  spouse  or
21    next  of kin entitled to recovery, the damages shall, subject
22    to the following limitations inure, to the exclusive  benefit
23    of the following persons, or any one or more of them:
24        (a)  to  the person or persons furnishing hospitalization
25    or hospital services in connection with the last  illness  or
26    injury of the deceased person, not exceeding $450;
27        (b)  to  the  person  or  persons  furnishing  medical or
28    surgical services in connection with  such  last  illness  or
29    injury, not exceeding $450;
30        (c)  to  the  personal  representatives, as such, for the
31    costs  and  expenses  of   administering   the   estate   and
32    prosecuting   or   compromising   the   action,  including  a
33    reasonable attorney's fee. In any such case  the  measure  of
34    damages  to be recovered shall be the total of the reasonable
 
                            -48-     LRB093 02123 WGH 02130 b
 1    value of such hospitalization or  hospital  service,  medical
 2    and  surgical  services, funeral expenses, and such costs and
 3    expenses of  administration,  including  attorney  fees,  not
 4    exceeding  the  foregoing  limitations for each class of such
 5    expenses and not exceeding $900 plus a reasonable  attorney's
 6    fee.
 7        Every such action shall be commenced within 2 years after
 8    the  death  of  such person but an action against a defendant
 9    arising from a crime committed by the defendant in whose name
10    an  escrow  account  was  established  under  the   "Criminal
11    Victims'  Escrow  Account  Act"  shall  be commenced within 2
12    years after  the  establishment  of  such  account.  For  the
13    purposes  of this Section 2, next of kin includes an adopting
14    parent and an adopted child, and they shall be treated  as  a
15    natural parent and a natural child, respectively. However, if
16    a  person entitled to recover benefits under this Act, is, at
17    the time the cause of action accrued, within the  age  of  18
18    years, he or she may cause such action to be brought within 2
19    years after attainment of the age of 18.
20        In  any such action to recover damages, it shall not be a
21    defense that the death was caused in whole or in part by  the
22    contributory  negligence  of one or more of the beneficiaries
23    on behalf of whom the action is brought, but  the  amount  of
24    damages given shall be reduced in the following manner.
25        The  trier  of  fact shall first determine the decedent's
26    contributory fault in accordance  with  Sections  2-1116  and
27    2-1107.1 of the Code of Civil Procedure.  Recovery of damages
28    shall  be barred or diminished accordingly. The trier of fact
29    shall then determine the contributory fault, if any, of  each
30    beneficiary on behalf of whom the action was brought:
31             (1)  Where   the   trier  of  fact  finds  that  the
32        contributory fault of a beneficiary on whose  behalf  the
33        action  is  brought is not more than 50% of the proximate
34        cause of the wrongful death of  the  decedent,  then  the
 
                            -49-     LRB093 02123 WGH 02130 b
 1        damages  allowed  to that beneficiary shall be diminished
 2        in proportion to the  contributory  fault  attributed  to
 3        that  beneficiary.  The amount of the reduction shall not
 4        be payable by any defendant.
 5             (2)  Where  the  trier  of  fact  finds   that   the
 6        contributory  fault  of a beneficiary on whose behalf the
 7        action is brought is more than 50% of the proximate cause
 8        of  the  wrongful  death  of  the  decedent,   then   the
 9        beneficiary  shall  be barred from recovering damages and
10        the amount of damages which would have  been  payable  to
11        that  beneficiary, but for the beneficiary's contributory
12        fault, shall not inure to the benefit  of  the  remaining
13        beneficiaries and shall not be payable by any defendant.
14        The  trial judge shall conduct a hearing to determine the
15    degree of dependency of each beneficiary upon  the  decedent.
16    The  trial  judge shall calculate the amount of damages to be
17    awarded each beneficiary, taking into account  any  reduction
18    arising  from  either  the  decedent's  or  the beneficiary's
19    contributory fault.
20        This amendatory Act of the 91st General Assembly  applies
21    to  all  actions pending on or filed after the effective date
22    of this amendatory Act.
23    (Source: P.A. 91-380, eff. 7-30-99.)

24        (745 ILCS 10/Art. VIA heading rep.)
25        (745 ILCS 10/6A-101 rep.)
26        (745 ILCS 10/6A-105 rep.)
27        Section 45.  Article VIA of the  Local  Governmental  and
28    Governmental Employees Tort Immunity Act is repealed.

29        Section  50.  Section  10b  of  the  Consumer  Fraud  and
30    Deceptive Business Practices Act is re-enacted as follows:

31        (815 ILCS 505/10b) (from Ch. 121 1/2, par. 270b)
 
                            -50-     LRB093 02123 WGH 02130 b
 1        Sec.  10b.  Nothing in this Act shall apply to any of the
 2    following:
 3        (1)  Actions or transactions specifically  authorized  by
 4    laws  administered  by  any regulatory body or officer acting
 5    under statutory authority of this State or the United States.
 6        (2)  The provisions  of  "An  act  to  protect  trademark
 7    owners,  distributors,  and  the public against injurious and
 8    uneconomic practices  in  the  distribution  of  articles  of
 9    standard  quality under a trademark, brand or name," approved
10    July 8, 1935, as amended.
11        (3)  Acts  done  by  the  publisher,  owner,  agent,   or
12    employee  of  a  newspaper, periodical or radio or television
13    station  in  the   publication   or   dissemination   of   an
14    advertisement, when the owner, agent or employee did not have
15    knowledge  of the false, misleading or deceptive character of
16    the advertisement, did not prepare the advertisement, or  did
17    not   have  a  direct  financial  interest  in  the  sale  or
18    distribution of the advertised product or service.
19        (4)  The  communication  of  any  false,  misleading   or
20    deceptive  information, provided by the seller of real estate
21    located in Illinois, by a  real  estate  salesman  or  broker
22    licensed  under "The Real Estate Brokers License Act", unless
23    the salesman or broker knows  of  the  false,  misleading  or
24    deceptive  character  of  such  information.   This provision
25    shall  be  effective  as  to  any   communication,   whenever
26    occurring.
27        (5)  (Blank). This item (5)
28        (6)  The  communication  of  any  false,  misleading,  or
29    deceptive  information  by  an insurance producer, registered
30    firm, or limited insurance representative, as those terms are
31    defined in the Illinois Insurance Code, or  by  an  insurance
32    agency  or  brokerage  house  concerning the sale, placement,
33    procurement, renewal, binding, cancellation of, or  terms  of
34    any  type  of insurance or any policy of insurance unless the
 
                            -51-     LRB093 02123 WGH 02130 b
 1    insurance  producer  has  actual  knowledge  of  the   false,
 2    misleading,  or deceptive character of the information.  This
 3    provision  shall  be  effective  as  to  any  communications,
 4    whenever occurring. This item (6) applies to  all  causes  of
 5    action  that  accrue  on  or after the effective date of this
 6    amendatory Act of 1995.
 7    (Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)

 8        Section 55.  Section 5 of the Workers'  Compensation  Act
 9    is re-enacted as follows:

10        (820 ILCS 305/5) (from Ch. 48, par. 138.5)
11        Sec.  5.  (a) No common law or statutory right to recover
12    damages from the  employer,  his  insurer,  his  broker,  any
13    service organization retained by the employer, his insurer or
14    his   broker   to   provide   safety   service,   advice   or
15    recommendations  for  the employer or the agents or employees
16    of any of them for injury or death sustained by any  employee
17    while engaged in the line of his duty as such employee, other
18    than  the  compensation  herein provided, is available to any
19    employee who is covered by the provisions of this Act, to any
20    one  wholly  or  partially  dependent  upon  him,  the  legal
21    representatives of his estate, or any one otherwise  entitled
22    to recover damages for such injury.
23        However,  in any action now pending or hereafter begun to
24    enforce a common law or statutory right  to  recover  damages
25    for  negligently  causing the injury or death of any employee
26    it is not necessary to allege in the  complaint  that  either
27    the employee or the employer or both were not governed by the
28    provisions of this Act or of any similar Act in force in this
29    or any other State.
30        Any illegally employed minor or his legal representatives
31    shall,  except as hereinafter provided, have the right within
32    6 months after the time of  injury  or  death,  or  within  6
 
                            -52-     LRB093 02123 WGH 02130 b
 1    months  after  the  appointment  of  a  legal representative,
 2    whichever shall be later,  to  file  with  the  Commission  a
 3    rejection  of  his  right  to the benefits under this Act, in
 4    which  case  such  illegally  employed  minor  or  his  legal
 5    representatives shall have the right to pursue his  or  their
 6    common  law or statutory remedies to recover damages for such
 7    injury or death.
 8        No payment of compensation under this Act shall  be  made
 9    to an illegally employed minor, or his legal representatives,
10    unless such payment and the waiver of his right to reject the
11    benefits   of  this  Act  has  first  been  approved  by  the
12    Commission or any member thereof, and if such payment and the
13    waiver of his right of rejection has been  so  approved  such
14    payment  is a bar to a subsequent rejection of the provisions
15    of this Act.
16        (b)  Where the injury or death for which compensation  is
17    payable   under  this  Act  was  caused  under  circumstances
18    creating a legal liability for damages on the  part  of  some
19    person  other  than  his  employer to pay damages, then legal
20    proceedings may be taken against such other person to recover
21    damages  notwithstanding  such  employer's  payment   of   or
22    liability  to pay compensation under this Act.  In such case,
23    however, if the action against such other person  is  brought
24    by  the  injured  employee or his personal representative and
25    judgment is obtained and paid, or  settlement  is  made  with
26    such other person, either with or without suit, then from the
27    amount  received  by such employee or personal representative
28    there  shall  be  paid  to  the  employer   the   amount   of
29    compensation  paid  or  to be paid by him to such employee or
30    personal representative including amounts paid or to be  paid
31    pursuant  to  paragraph  (a) of Section 8 of this Act. If the
32    employee or personal representative brings an action  against
33    another person and the other person then brings an action for
34    contribution  against  the employer, the amount, if any, that
 
                            -53-     LRB093 02123 WGH 02130 b
 1    shall be paid to the employer by  the  employee  or  personal
 2    representative  pursuant  to this Section shall be reduced by
 3    an amount equal to the amount found by the trier of  fact  to
 4    be  the  employer's pro rata share of the common liability in
 5    the action.
 6        Out  of  any  reimbursement  received  by  the   employer
 7    pursuant  to this Section the employer shall pay his pro rata
 8    share of all  costs  and  reasonably  necessary  expenses  in
 9    connection  with  such  third-party claim, action or suit and
10    where the services of an attorney at law of the  employee  or
11    dependents  have  resulted in or substantially contributed to
12    the procurement by  suit,  settlement  or  otherwise  of  the
13    proceeds  out  of  which the employer is reimbursed, then, in
14    the absence of other agreement, the employer shall  pay  such
15    attorney 25% of the gross amount of such reimbursement.
16        If  the  injured  employee or his personal representative
17    agrees to receive compensation from the  employer  or  accept
18    from   the   employer   any   payment   on  account  of  such
19    compensation, or to  institute  proceedings  to  recover  the
20    same,  the  employer may have or claim a lien upon any award,
21    judgment  or  fund  out  of  which  such  employee  might  be
22    compensated from such third party.
23        In such actions brought by the employee or  his  personal
24    representative,  he  shall  forthwith  notify his employer by
25    personal service or registered mail, of such fact and of  the
26    name  of the court in which the suit is brought, filing proof
27    thereof in  the  action.   The  employer  may,  at  any  time
28    thereafter  join  in  the  action upon his motion so that all
29    orders of court after hearing and judgment shall be made  for
30    his  protection.   No  release  or  settlement  of  claim for
31    damages  by  reason  of  such  injury  or   death,   and   no
32    satisfaction  of  judgment in such proceedings shall be valid
33    without the written consent of both employer and employee  or
34    his  personal  representative,  except  in  the  case  of the
 
                            -54-     LRB093 02123 WGH 02130 b
 1    employers, such consent is not required  where  the  employer
 2    has been fully indemnified or protected by Court order.
 3        In  the event the employee or his personal representative
 4    fails to institute a proceeding against such third person  at
 5    any  time  prior  to  3  months  before  such action would be
 6    barred, the employer may in his own name or in  the  name  of
 7    the  employee,  or  his  personal  representative, commence a
 8    proceeding against such other  person  for  the  recovery  of
 9    damages  on  account of such injury or death to the employee,
10    and out of any amount recovered the employer shall  pay  over
11    to  the  injured employee or his personal representatives all
12    sums  collected  from  such  other  person  by  judgment   or
13    otherwise  in  excess of the amount of such compensation paid
14    or to be paid under this Act, including amounts paid or to be
15    paid pursuant to paragraph (a) of Section 8 of this Act,  and
16    costs,  attorney's  fees  and  reasonable  expenses as may be
17    incurred by such employer in making  such  collection  or  in
18    enforcing such liability.
19        This  amendatory  Act of 1995 applies to causes of action
20    accruing on or after its effective date.
21    (Source: P.A. 79-79; 89-7.)

22        Section  60.  Section  5  of  the  Workers'  Occupational
23    Diseases Act is re-enacted as follows:

24        (820 ILCS 310/5) (from Ch. 48, par. 172.40)
25        Sec. 5. (a) There is no common law or statutory right  to
26    recover  compensation  or  damages  from  the  employer,  his
27    insurer, his broker, any service organization retained by the
28    employer,  his  insurer  or  his  broker  to  provide  safety
29    service,  advice  or  recommendations for the employer or the
30    agents or employees of any of them for or on account  of  any
31    injury to health, disease, or death therefrom, other than for
32    the  compensation  herein provided or for damages as provided
 
                            -55-     LRB093 02123 WGH 02130 b
 1    in Section 3 of this Act. This Section shall not  affect  any
 2    right to compensation under the "Workers' Compensation Act".
 3        No  compensation  is  payable  under  this  Act  for  any
 4    condition   of  physical  or  mental  ill-being,  disability,
 5    disablement, or death for which compensation  is  recoverable
 6    on   account   of   accidental  injury  under  the  "Workers'
 7    Compensation Act".
 8        (b)  Where   the   disablement   or   death   for   which
 9    compensation is payable  under  this  Act  was  caused  under
10    circumstances  creating  a legal liability for damages on the
11    part of some person other than his employer to  pay  damages,
12    then legal proceedings may be taken against such other person
13    to recover damages notwithstanding such employer's payment of
14    or  liability  to  pay  compensation  under this Act. In such
15    case, however, if the action against  such  other  person  is
16    brought   by   the   disabled   employee   or   his  personal
17    representative  and  judgment  is  obtained   and   paid   or
18    settlement  is  made  with  such other person, either with or
19    without suit, then from the amount received by such  employee
20    or  personal  representative  there  shall  be  paid  to  the
21    employer the amount of compensation paid or to be paid by him
22    to   such  employee  or  personal  representative,  including
23    amounts paid or to be  paid  pursuant  to  paragraph  (a)  of
24    Section  8 of the Workers' Compensation Act as required under
25    Section  7  of  this  Act.  If  the  employee   or   personal
26    representative  brings  an  action against another person and
27    the other person  then  brings  an  action  for  contribution
28    against  the employer, the amount, if any, that shall be paid
29    to the employer by the employee  or  personal  representative
30    pursuant  to this Section shall be reduced by an amount equal
31    to the amount found by the trier of fact to be the employer's
32    pro rata share of the common liability in the action.
33        Out  of  any  reimbursement  received  by  the  employer,
34    pursuant to this Section the employer shall pay his pro  rata
 
                            -56-     LRB093 02123 WGH 02130 b
 1    share  of  all  costs  and  reasonably  necessary expenses in
 2    connection with such third party claim, action or  suit,  and
 3    where  the  services of an attorney at law of the employee or
 4    dependents have resulted in or substantially  contributed  to
 5    the  procurement  by  suit,  settlement  or  otherwise of the
 6    proceeds out of which the employer is  reimbursed,  then,  in
 7    the  absence  of other agreement, the employer shall pay such
 8    attorney 25% of the gross amount of such reimbursement.
 9        If the disabled employee or his  personal  representative
10    agrees  to  receive  compensation from the employer or accept
11    from  the  employer  any   payment   on   account   of   such
12    compensation,  or  to  institute  proceedings  to recover the
13    same, the employer may have or claim a lien upon  any  award,
14    judgment  or  fund  out  of  which  such  employee  might  be
15    compensated from such third party.
16        In  such  actions brought by the employee or his personal
17    representative, he shall forthwith  notify  his  employer  by
18    personal  service or registered mail, of such fact and of the
19    name of the court in which the suit is brought, filing  proof
20    thereof  in  the  action.  The  employer  may,  at  any  time
21    thereafter  join  in  the  action upon his motion so that all
22    orders of court after hearing and judgment shall be made  for
23    his protection. No release or settlement of claim for damages
24    by reason of such disability or death, and no satisfaction of
25    judgment  in  such proceedings, are valid without the written
26    consent  of  both  employer  and  employee  or  his  personal
27    representative, except in the case  of  the  employers,  such
28    consent  is  not  required  where the employer has been fully
29    indemnified or protected by court order.
30        In the event the employee or his personal  representative
31    fails  to institute a proceeding against such third person at
32    any time prior to 3 months before such action would be barred
33    at law the employer may in his own name, or in  the  name  of
34    the  employee  or  his  personal  representative,  commence a
 
                            -57-     LRB093 02123 WGH 02130 b
 1    proceeding against such other  person  for  the  recovery  of
 2    damages  on  account  of  such  disability  or  death  to the
 3    employee, and out of any amount recovered the employer  shall
 4    pay   over   to   the   injured   employee  or  his  personal
 5    representative all sums collected from such other  person  by
 6    judgment  or  otherwise  in  excess  of  the  amount  of such
 7    compensation paid or to be paid  under  this  Act,  including
 8    amounts  paid  or  to  be  paid  pursuant to paragraph (a) of
 9    Section 8 of the Workers' Compensation  Act  as  required  by
10    Section  7  of  this  Act,  and  costs,  attorney's  fees and
11    reasonable expenses as may be incurred by  such  employer  in
12    making such collection or in enforcing such liability.
13        This  amendatory  Act of 1995 applies to causes of action
14    accruing on or after its effective date.
15    (Source: P.A. 81-992; 89-7.)

16        Section 99.  This Act takes effect upon becoming law.
 
                            -58-     LRB093 02123 WGH 02130 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    430 ILCS 105/Act title
 4    430 ILCS 105/0.01         from Ch. 121, par. 314.01
 5    430 ILCS 105/1            from Ch. 121, par. 314.1
 6    430 ILCS 105/2            from Ch. 121, par. 314.2
 7    430 ILCS 105/3            from Ch. 121, par. 314.3
 8    430 ILCS 105/4            from Ch. 121, par. 314.4
 9    430 ILCS 105/5            from Ch. 121, par. 314.5
10    430 ILCS 105/6            from Ch. 121, par. 314.6
11    430 ILCS 105/7            from Ch. 121, par. 314.7
12    430 ILCS 105/8            from Ch. 121, par. 314.8
13    730 ILCS 5/5-5-7          from Ch. 38, par. 1005-5-7
14    735 ILCS 5/2-402          from Ch. 110, par. 2-402
15    735 ILCS 5/2-604.1        from Ch. 110, par. 2-604.1
16    735 ILCS 5/2-621          from Ch. 110, par. 2-621
17    735 ILCS 5/2-622          from Ch. 110, par. 2-622
18    735 ILCS 5/2-1003         from Ch. 110, par. 2-1003
19    735 ILCS 5/2-1107.1       from Ch. 110, par. 2-1107.1
20    735 ILCS 5/2-1109         from Ch. 110, par. 2-1109
21    735 ILCS 5/2-1116         from Ch. 110, par. 2-1116
22    735 ILCS 5/2-1117         from Ch. 110, par. 2-1117
23    735 ILCS 5/2-1118
24    735 ILCS 5/2-1205.1       from Ch. 110, par. 2-1205.1
25    735 ILCS 5/2-1702         from Ch. 110, par. 2-1702
26    735 ILCS 5/8-802          from Ch. 110, par. 8-802
27    735 ILCS 5/8-2001         from Ch. 110, par. 8-2001
28    735 ILCS 5/8-2003         from Ch. 110, par. 8-2003
29    735 ILCS 5/8-2004         from Ch. 110, par. 8-2004
30    735 ILCS 5/8-2501         from Ch. 110, par. 8-2501
31    735 ILCS 5/13-213         from Ch. 110, par. 13-213
32    735 ILCS 5/13-214.3       from Ch. 110, par. 13-214.3
33    735 ILCS 5/13-217         from Ch. 110, par. 13-217
34    735 ILCS 5/2-623 rep.
 
                            -59-     LRB093 02123 WGH 02130 b
 1    735 ILCS 5/2-624 rep.
 2    735 ILCS 5/2-1115.05 rep.
 3    735 ILCS 5/2-1115.1 rep.
 4    735 ILCS 5/2-1115.2 rep.
 5    735 ICLS 5/Art. II, Part 21 heading rep.
 6    735 ILCS 5/2-2101 rep.
 7    735 ILCS 5/2-2102 rep.
 8    735 ILCS 5/2-2103 rep.
 9    735 ILCS 5/2-2104 rep.
10    735 ILCS 5/2-2105 rep.
11    735 ILCS 5/2-2106 rep.
12    735 ILCS 5/2-2106.5 rep.
13    735 ILCS 5/2-2107 rep.
14    735 ILCS 5/2-2108 rep.
15    735 ILCS 5/2-2109 rep.
16    740 ILCS 100/4            from Ch. 70, par. 304
17    740 ILCS 100/5            from Ch. 70, par. 305
18    740 ILCS 100/3.5 rep.
19    740 ILCS 110/9            from Ch. 91 1/2, par. 809
20    740 ILCS 110/10           from Ch. 91 1/2, par. 810
21    740 ILCS 130/2            from Ch. 80, par. 302
22    740 ILCS 130/3            from Ch. 80, par. 303
23    740 ILCS 180/1            from Ch. 70, par. 1
24    740 ILCS 180/2            from Ch. 70, par. 2
25    745 ICLS 10/Art. VIA heading rep.
26    745 ILCS 10/6A-101 rep.
27    745 ILCS 10/6A-105 rep.
28    815 ILCS 505/10b
29    820 ILCS 305/5            from Ch. 48, par. 138.5
30    820 ILCS 310/5            from Ch. 48, par. 172.40