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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1275 Introduced 1/31/2023, by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-1116 | from Ch. 110, par. 2-1116 |
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Amends the Code of Civil Procedure. Provides that no contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined. Effective immediately.
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| | A BILL FOR |
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| | HB1275 | | LRB103 04788 LNS 49798 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-1116 as follows:
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| 6 | | (735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116)
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| 7 | | (Text of Section WITHOUT the changes made by P.A. 89-7, |
| 8 | | which has been held
unconstitutional)
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| 9 | | Sec. 2-1116. Limitation on recovery in tort actions.
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| 10 | | In all actions on account of bodily injury
or death or |
| 11 | | physical damage to
property, based on negligence,
or product |
| 12 | | liability based on strict tort
liability, the plaintiff
shall |
| 13 | | be barred from recovering damages if the trier of fact finds |
| 14 | | that the
contributory fault on the part of the plaintiff is |
| 15 | | more than 50% of
the proximate cause of the injury or damage |
| 16 | | for which recovery is sought.
The plaintiff shall not be |
| 17 | | barred from recovering damages if the trier of
fact finds that |
| 18 | | the contributory fault on the part of the plaintiff is not
more |
| 19 | | than 50% of the proximate cause of the injury or damage for |
| 20 | | which recovery
is sought, but any damages allowed shall be |
| 21 | | diminished in the
proportion to the amount
of fault |
| 22 | | attributable to the plaintiff. |
| 23 | | No contributory fault may be attributed to a plaintiff |