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Sen. Kirk W. Dillard
Filed: 2/17/2006
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09400SB2616sam002 |
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LRB094 18609 AJO 56056 a |
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| AMENDMENT TO SENATE BILL 2616
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| AMENDMENT NO. ______. Amend Senate Bill 2616 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 Section 2-1120 as follows:
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| (735 ILCS 5/2-1120 new)
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| Sec. 2-1120. Defamation; actual damages. |
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| (a) In all defamation actions, a request for the recovery |
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| of presumed damages may be rebutted by the defendant presenting |
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| a prima facie showing that the plaintiff has suffered no actual |
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| damages. Upon a prima facie showing by the defendant that the |
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| plaintiff has suffered no actual damages, there may be no |
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| recovery of presumed damages and the plaintiff must prove |
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| actual damages by a preponderance of the evidence in order to |
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| recover any damages. |
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| (b) In all cases where the plaintiff is entitled to recover |
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| any presumed damages, the award and calculation of those |
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| damages shall take the following factors into account: (1) the |
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| sting of the allegedly defamatory statement; (2) whether |
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| defendant made any correction or retraction of the allegedly |
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| defamatory statement; (3) whether the plaintiff had access to |
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| channels of communication to respond to the allegedly |
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| defamatory statement; (4) whether the allegedly defamatory |
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| statement was on a matter of public concern; (5) the nature of |