99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2713

 

Introduced , by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 180/2  from Ch. 70, par. 2

    Amends the Wrongful Death Act. Provides that in an action where it has been proven by a preponderance of the evidence that the defendant's intoxication contributed to, or proximately caused, the death of the deceased person, the jury may award punitive damages to the surviving spouse and next of kin of the deceased person.


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wrongful Death Act is amended by changing
5Section 2 as follows:
 
6    (740 ILCS 180/2)  (from Ch. 70, par. 2)
7    Sec. 2. Every such action shall be brought by and in the
8names of the personal representatives of such deceased person,
9and, except as otherwise hereinafter provided, the amount
10recovered in every such action shall be for the exclusive
11benefit of the surviving spouse and next of kin of such
12deceased person. In every such action the jury may give such
13damages as they shall deem a fair and just compensation with
14reference to the pecuniary injuries resulting from such death,
15including damages for grief, sorrow, and mental suffering, to
16the surviving spouse and next of kin of such deceased person.
17In an action where it has been proven by a preponderance of the
18evidence that the defendant's intoxication contributed to, or
19proximately caused, the death of the deceased person, the jury
20may award punitive damages to the surviving spouse and next of
21kin of the deceased person.
22    The amount recovered in any such action shall be
23distributed by the court in which the cause is heard or, in the

 

 

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1case of an agreed settlement, by the circuit court, to each of
2the surviving spouse and next of kin of such deceased person in
3the proportion, as determined by the court, that the percentage
4of dependency of each such person upon the deceased person
5bears to the sum of the percentages of dependency of all such
6persons upon the deceased person.
7    Where the deceased person left no surviving spouse or next
8of kin entitled to recovery, the damages shall, subject to the
9following limitations inure, to the exclusive benefit of the
10following persons, or any one or more of them:
11    (a) to the person or persons furnishing hospitalization or
12hospital services in connection with the last illness or injury
13of the deceased person, not exceeding $450;
14    (b) to the person or persons furnishing medical or surgical
15services in connection with such last illness or injury, not
16exceeding $450;
17    (c) to the personal representatives, as such, for the costs
18and expenses of administering the estate and prosecuting or
19compromising the action, including a reasonable attorney's
20fee. In any such case the measure of damages to be recovered
21shall be the total of the reasonable value of such
22hospitalization or hospital service, medical and surgical
23services, funeral expenses, and such costs and expenses of
24administration, including attorney fees, not exceeding the
25foregoing limitations for each class of such expenses and not
26exceeding $900 plus a reasonable attorney's fee.

 

 

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1    Every such action shall be commenced within 2 years after
2the death of such person but an action against a defendant
3arising from a crime committed by the defendant in whose name
4an escrow account was established under the "Criminal Victims'
5Escrow Account Act" shall be commenced within 2 years after the
6establishment of such account. For the purposes of this Section
72, next of kin includes an adopting parent and an adopted
8child, and they shall be treated as a natural parent and a
9natural child, respectively. However, if a person entitled to
10recover benefits under this Act, is, at the time the cause of
11action accrued, within the age of 18 years, he or she may cause
12such action to be brought within 2 years after attainment of
13the age of 18.
14    In any such action to recover damages, it shall not be a
15defense that the death was caused in whole or in part by the
16contributory negligence of one or more of the beneficiaries on
17behalf of whom the action is brought, but the amount of damages
18given shall be reduced in the following manner.
19    The trier of fact shall first determine the decedent's
20contributory fault in accordance with Sections 2-1116 and
212-1107.1 of the Code of Civil Procedure. Recovery of damages
22shall be barred or diminished accordingly. The trier of fact
23shall then determine the contributory fault, if any, of each
24beneficiary on behalf of whom the action was brought:
25        (1) Where the trier of fact finds that the contributory
26    fault of a beneficiary on whose behalf the action is

 

 

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1    brought is not more than 50% of the proximate cause of the
2    wrongful death of the decedent, then the damages allowed to
3    that beneficiary shall be diminished in proportion to the
4    contributory fault attributed to that beneficiary. The
5    amount of the reduction shall not be payable by any
6    defendant.
7        (2) Where the trier of fact finds that the contributory
8    fault of a beneficiary on whose behalf the action is
9    brought is more than 50% of the proximate cause of the
10    wrongful death of the decedent, then the beneficiary shall
11    be barred from recovering damages and the amount of damages
12    which would have been payable to that beneficiary, but for
13    the beneficiary's contributory fault, shall not inure to
14    the benefit of the remaining beneficiaries and shall not be
15    payable by any defendant.
16    The trial judge shall conduct a hearing to determine the
17degree of dependency of each beneficiary upon the decedent. The
18trial judge shall calculate the amount of damages to be awarded
19each beneficiary, taking into account any reduction arising
20from either the decedent's or the beneficiary's contributory
21fault.
22    This amendatory Act of the 91st General Assembly applies to
23all actions pending on or filed after the effective date of
24this amendatory Act.
25    This amendatory Act of the 95th General Assembly applies to
26causes of actions accruing on or after its effective date.

 

 

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1(Source: P.A. 95-3, eff. 5-31-07.)