Sen. Kirk W. Dillard
Filed: 2/17/2006
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1 | AMENDMENT TO SENATE BILL 2616
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2 | AMENDMENT NO. ______. Amend Senate Bill 2616 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | adding Section 2-1120 as follows: | ||||||
6 | (735 ILCS 5/2-1120 new)
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7 | Sec. 2-1120. Defamation; actual damages. | ||||||
8 | (a) In all defamation actions, a request for the recovery | ||||||
9 | of presumed damages may be rebutted by the defendant presenting | ||||||
10 | a prima facie showing that the plaintiff has suffered no actual | ||||||
11 | damages. Upon a prima facie showing by the defendant that the | ||||||
12 | plaintiff has suffered no actual damages, there may be no | ||||||
13 | recovery of presumed damages and the plaintiff must prove | ||||||
14 | actual damages by a preponderance of the evidence in order to | ||||||
15 | recover any damages. | ||||||
16 | (b) In all cases where the plaintiff is entitled to recover | ||||||
17 | any presumed damages, the award and calculation of those | ||||||
18 | damages shall take the following factors into account: (1) the | ||||||
19 | sting of the allegedly defamatory statement; (2) whether | ||||||
20 | defendant made any correction or retraction of the allegedly | ||||||
21 | defamatory statement; (3) whether the plaintiff had access to | ||||||
22 | channels of communication to respond to the allegedly | ||||||
23 | defamatory statement; (4) whether the allegedly defamatory | ||||||
24 | statement was on a matter of public concern; (5) the nature of |
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1 | the plaintiff's reputation in the community prior to the | ||||||
2 | communication of the allegedly defamatory statement, (6) how | ||||||
3 | promptly the plaintiff notified the defendant of the allegedly | ||||||
4 | defamatory statement, and (7) the pecuniary impact of the | ||||||
5 | allegedly defamatory statement on the plaintiff's business or | ||||||
6 | occupation. This list of factors is not exclusive, and the | ||||||
7 | court may allow evidence on other factors as required by the | ||||||
8 | facts of any particular case. ".
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