93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0036


 
Introduced 3/18/2004, by Rep. Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		












9991 ILCS 5/Art. IV heading
ILCON Art. IV heading




9991 ILCS 5/13.5 new
ILCON Art. IV Sec. 13.5 new









    Proposes to amend the Legislature Article of the Illinois Constitution.  Provides that the General Assembly may determine by statute the limit of liability for all damages and losses other than economic damages of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that is or is claimed to be a cause of or that contributes or is claimed to contribute to the disease, injury, or death of a person.   Requires a majority vote to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted.


















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A BILL FOR









 











HC0036

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HOUSE JOINT RESOLUTION


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CONSTITUTIONAL AMENDMENT



 

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    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
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NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 
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SENATE CONCURRING HEREIN, that there shall be submitted to the 
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electors of the State for adoption or rejection at the general 
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election next occurring at least 6 months after the adoption of 
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this resolution a proposition to add Section 13.5 to Article IV 
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of the Illinois Constitution as follows:

 

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    (ILCON Art. IV heading)
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ARTICLE IV 

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THE LEGISLATURE



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    (ILCON Art. IV Sec. 13.5  new)
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SECTION 13.5. LIMITATION ON LIABILITY FOR NON-ECONOMIC DAMAGES
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    (a) In this Section "economic damages" means compensatory 
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damages for any pecuniary loss or damage. The term does not 
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include any loss or damage for past, present, and future 
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physical pain and suffering, mental anguish and suffering, loss 
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of consortium, loss of companionship and society, 
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disfigurement, or physical impairment.
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    (b) Notwithstanding any other provision of this 
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constitution, the General Assembly may determine by statute the 
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limit of liability for all damages and losses other than 
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economic damages of a provider of medical or health care with 
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respect to treatment, lack of treatment, or other claimed 
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departure from an accepted standard of medical or health care 
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or safety that is or is claimed to be a cause of or that 
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contributes or is claimed to contribute to the disease, injury, 
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or death of a person. This subsection (b) applies without 
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regard to whether the claim or cause of action arises under or 
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is derived from common law, a statute, or other law, including 
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any claim or cause of action based or sounding in tort, 
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contract, or any other theory or any combination of theories of 
 


 






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liability. The claim or cause of action includes a medical or 
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health care liability claim as defined by the legislature.
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    (c) This Section applies to any law enacted by the General 
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Assembly on or after the effective date of this constitutional 
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amendment.
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    (d) A legislative exercise of authority under subsection 
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(b) of this Section requires a majority vote of all the members 
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elected to each house and must include language citing this 
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Section.

 

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SCHEDULE


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    This Constitutional Amendment takes effect upon being 
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declared adopted in accordance with Section 7 of the Illinois 
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Constitutional Amendment Act.