Judiciary I - Civil Law Committee
Filed: 3/23/2006
 
 

 




 

 		












09400SB1911ham001

LRB094 08687 AJO 57290 a






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AMENDMENT TO SENATE BILL 1911




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    AMENDMENT NO. ______. Amend Senate Bill 1911 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Code of Civil Procedure is amended  by 
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adding Sections 2-1208 and 8-1212 as follows:
 
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    (735 ILCS 5/2-1208  new)
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    Sec. 2-1208. Collateral source payments.
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    (a) Any pretrial payment made by or on behalf of a 
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defendant to a plaintiff as an advance against liability shall 
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be credited against the liability of that defendant in the 
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event of judgment.
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    (b) Except as provided in subsection (a), any payments made 
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to or benefits conferred upon a plaintiff from a third party 
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source shall neither reduce the plaintiff's recovery nor be 
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credited against any defendant's liability, regardless of the 
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source and nature of the benefit or payment.

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    (c) Subsection (b) of this Section does not apply to 
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payments made pursuant to the Joint Tortfeasor Contribution 
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Act.

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    (d) This Section applies to actions commenced or pending on 
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or after the effective date of this amendatory Act of the 94th 
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General Assembly.

 
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    (735 ILCS 5/8-1212  new)
 


 






09400SB1911ham001
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LRB094 08687 AJO 57290 a




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    Sec. 8-1212. Bills for services rendered.
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    (a) A rebuttable presumption of the amount and 
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reasonableness of a bill for services rendered may be 
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established by a copy of the bill, with evidence of payments 
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made or benefits conferred as described in subsection (b) of 
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Section 2-1208 redacted, certified under the signature of the 
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secretary, clerk, or other keeper of the bills for services 
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rendered.
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    (b) A party attempting to rebut the presumption of 
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reasonableness shall not be allowed to present evidence of 
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payments made or benefits conferred as described in subsection 
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(b) of Section 2-1208.

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    (c) This Section applies to actions commenced or pending on 
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or after the effective date of this amendatory Act of the 94th 
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General Assembly.

 

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    (735 ILCS 5/2-1205 rep.)

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    Section 10. The Code of Civil Procedure is amended  by 
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repealing Section 2-1205.

 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".