State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. La Shawn K. Ford


740 ILCS 180/1  from Ch. 70, par. 1

    Amends the Wrongful Death Act. Allows for the recovery of punitive damages in a wrongful death action.

LRB102 23743 LNS 32932 b





HB4968LRB102 23743 LNS 32932 b

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 1 as follows:
6    (740 ILCS 180/1)  (from Ch. 70, par. 1)
7    (Text of Section WITHOUT the changes made by P.A. 89-7,
8which has been held unconstitutional)
9    Sec. 1. Whenever the death of a person shall be caused by
10wrongful act, neglect or default, and the act, neglect or
11default is such as would, if death had not ensued, have
12entitled the party injured to maintain an action and recover
13damages, including punitive damages, in respect thereof, then
14and in every such case the person who or company or corporation
15which would have been liable if death had not ensued, shall be
16liable to an action for damages, including punitive damages,
17notwithstanding the death of the person injured, and although
18the death shall have been caused under such circumstances as
19amount in law to felony.
20(Source: Laws 1853, p. 97.)