Illinois General Assembly - Full Text of HB3552
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Full Text of HB3552  102nd General Assembly

HB3552 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3552

 

Introduced 2/22/2021, by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-2101

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning product liability.


LRB102 14537 LNS 19890 b

 

 

A BILL FOR

 

HB3552LRB102 14537 LNS 19890 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 Code of Civil Procedure is amended by
5changing Section 2-2101 as follows:
 
6    (735 ILCS 5/2-2101)
7    (This Section was added by P.A. 89-7, which has been held
8unconstitutional)
9    Sec. 2-2101. Definitions. For purposes of this Part the,
10the terms listed have the following meanings:
11    "Clear and convincing evidence" means that measure or
12degree of proof that will produce in the mind of the trier of
13fact a high degree of certainty as to the truth of the
14allegations sought to be established. This evidence requires a
15greater degree of persuasion than is necessary to meet the
16preponderance of the evidence standard.
17    "Harm" means (i) damage to property other than the product
18itself; (ii) personal physical injury, illness, or death;
19(iii) mental anguish or emotional harm to the extent
20recognized by applicable law; (iv) any loss of consortium or
21services; or (v) other loss deriving from any type of harm
22described in item (i), (ii), (iii), or (iv).
23    "Manufacturer" means (i) any person who is engaged in a

 

 

HB3552- 2 -LRB102 14537 LNS 19890 b

1business to design or formulate and to produce, create, make,
2or construct any product or component part of a product; (ii) a
3product seller with respect to all component parts of a
4product or a component part of a product that is created or
5affected when, before placing the product in the stream of
6commerce, the product seller designs or formulates and
7produces, creates, makes, or constructs an aspect of a product
8or a component part of a product made by another; or (iii) any
9product seller not described in (ii) that holds itself out as a
10manufacturer to the user of the product.
11    "Product liability action" means a civil action brought on
12any theory against a manufacturer or product seller for harm
13caused by a product.
14    "Product seller" means a person who, in the course of a
15business conducted for that purpose, sells, distributes,
16leases, installs, prepares, blends, packages, labels, markets,
17repairs, maintains, or otherwise is involved in placing a
18product in the stream of commerce.
19(Source: P.A. 89-7, eff. 3-9-95.)