Full Text of HB0219 103rd General Assembly
HB0219ham001 103RD GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/15/2023
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| 1 | | AMENDMENT TO HOUSE BILL 219
| 2 | | AMENDMENT NO. ______. Amend House Bill 219 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Wrongful Death Act is amended by changing | 5 | | Sections 1 and 2 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, | 8 | | which has been held
unconstitutional)
| 9 | | Sec. 1.
Whenever the death of a person shall be caused
by | 10 | | wrongful act, neglect or default, and the act, neglect or | 11 | | default is
such as would, if death had not ensued, have | 12 | | entitled the party injured to
maintain an action and recover | 13 | | damages , including punitive damages when applicable, in | 14 | | respect thereof, then and in
every such case the person who or | 15 | | company or corporation which would have
been liable if death | 16 | | had not ensued, shall be liable to an action for
damages, |
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| 1 | | including punitive damages when applicable, notwithstanding | 2 | | the death of the person injured, and although the
death shall | 3 | | have been caused under such circumstances as amount in law to
| 4 | | felony. Nothing in this Section affects the applicability of | 5 | | Section 2-1115 of the Code of Civil Procedure or Section 2-102 | 6 | | of the Local Governmental and Governmental Employees Tort | 7 | | Immunity Act. Punitive damages are not available in an action | 8 | | against the State or an employee of the State in his or her | 9 | | official capacity. The changes made to this Section by this | 10 | | amendatory Act of the 103rd General Assembly apply to actions | 11 | | filed on and after the effective date of this amendatory Act of | 12 | | the 103rd General Assembly.
| 13 | | (Source: Laws 1853, p. 97.)
| 14 | | (740 ILCS 180/2) (from Ch. 70, par. 2)
| 15 | | Sec. 2. (a) Every such action shall be brought by and in | 16 | | the names of
the personal representatives of such deceased | 17 | | person, and, except as
otherwise hereinafter provided, the | 18 | | amount recovered in every such
action shall be for the | 19 | | exclusive benefit of the surviving spouse and
next of kin of | 20 | | such deceased person. In every such action the jury
may give | 21 | | such damages as they shall deem a fair and just compensation
| 22 | | with reference to the pecuniary
injuries resulting from such | 23 | | death, including damages for grief, sorrow, and mental | 24 | | suffering, and punitive damages when applicable, to
the | 25 | | surviving spouse and next of kin of such deceased person. The |
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| 1 | | changes made to this Section by this amendatory Act of the | 2 | | 103rd General Assembly apply to actions filed on and after the | 3 | | effective date of this amendatory Act of the 103rd General | 4 | | Assembly.
| 5 | | (b) The amount recovered in any such action shall be | 6 | | distributed by the
court in which the cause is heard or, in the | 7 | | case of an agreed
settlement, by the circuit court, to each of | 8 | | the surviving spouse and
next of kin of such deceased person in | 9 | | the proportion, as determined by
the court, that the | 10 | | percentage of dependency of each such person upon
the deceased | 11 | | person bears to the sum of the percentages of dependency of
all | 12 | | such persons upon the deceased person.
| 13 | | (c) Where the deceased person left no surviving spouse or | 14 | | next of kin
entitled to recovery, the damages shall, subject | 15 | | to the following
limitations inure, to the exclusive benefit | 16 | | of the following persons, or
any one or more of them:
| 17 | | (1) to the person or persons furnishing | 18 | | hospitalization or hospital
services in connection with | 19 | | the last illness or injury of the deceased
person, not | 20 | | exceeding $450;
| 21 | | (2) to the person or persons furnishing medical or | 22 | | surgical services
in connection with such last illness or | 23 | | injury, not exceeding $450;
| 24 | | (3) to the personal representatives, as such, for the | 25 | | costs and
expenses of administering the estate and | 26 | | prosecuting or compromising the
action, including a |
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| 1 | | reasonable attorney's fee. In any such case the
measure of | 2 | | damages to be recovered shall be the total of the | 3 | | reasonable
value of such hospitalization or hospital | 4 | | service, medical and surgical
services, funeral expenses, | 5 | | and such costs and expenses of
administration, including | 6 | | attorney fees, not exceeding the foregoing
limitations for | 7 | | each class of such expenses and not exceeding $900 plus
a | 8 | | reasonable attorney's fee.
| 9 | | (d) Except as otherwise provided in subsection (e) of this | 10 | | Section, every such action shall be commenced within 2 years | 11 | | after the death
of such person but an action against a | 12 | | defendant arising from a crime committed
by the defendant in | 13 | | whose name an escrow account was established under the
| 14 | | "Criminal Victims' Escrow Account Act" shall be commenced | 15 | | within 2 years
after the establishment of such account. | 16 | | (e) An action may be brought within 5 years after the date | 17 | | of the death if the death is the result of violent intentional | 18 | | conduct or within one year after the final disposition of the | 19 | | criminal case if the defendant is charged with: | 20 | | (1) first degree murder under Section 9-1 of the | 21 | | Criminal Code of 2012; | 22 | | (2) intentional homicide of an unborn child under | 23 | | Section 9-1.2 of the Criminal Code of 2012; | 24 | | (3) second degree murder under Section 9-2 of the | 25 | | Criminal Code of 2012; | 26 | | (4) voluntary manslaughter of an unborn child under |
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| 1 | | Section 9-2.1 of the Criminal Code of 2012; | 2 | | (5) involuntary manslaughter or reckless homicide | 3 | | under Section 9-3 of the Criminal Code of 2012; | 4 | | (6) involuntary manslaughter or reckless homicide of | 5 | | an unborn child under Section 9-3.2 of the Criminal Code | 6 | | of 2012; or | 7 | | (7) drug-induced homicide under Section 9-3.3 of the | 8 | | Criminal Code of 2012. | 9 | | This subsection extends the statute of limitations only | 10 | | against the individual who allegedly committed a violent | 11 | | intentional act or was the defendant charged with a crime | 12 | | listed in this subsection. It does not extend the statute of | 13 | | limitations against any other person or entity. The changes to | 14 | | this Section made by this amendatory Act of the 99th General | 15 | | Assembly apply to causes of action arising on or after the | 16 | | effective date of this amendatory Act of the 99th General | 17 | | Assembly. | 18 | | (f) For the purposes of this Section
2, next of kin | 19 | | includes
an adopting parent and an adopted child, and they | 20 | | shall be treated as a
natural parent and a natural child, | 21 | | respectively. However, if a person
entitled to recover | 22 | | benefits under this Act, is, at the time the cause
of action | 23 | | accrued, within the age of 18 years, he or she may cause such
| 24 | | action to be brought within 2 years after attainment of the age | 25 | | of 18.
| 26 | | (g) In any such action to recover damages, it
shall not be |
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| 1 | | a defense that the death was caused in whole or in part by
the | 2 | | contributory negligence of one or more of the beneficiaries on
| 3 | | behalf of whom the action is brought, but the amount of
damages | 4 | | given shall
be reduced in the following manner.
| 5 | | (h) The trier of fact shall first determine the decedent's
| 6 | | contributory fault in accordance with Sections 2-1116 and | 7 | | 2-1107.1 of the Code
of Civil Procedure. Recovery of damages | 8 | | shall be barred or diminished
accordingly. The trier of fact | 9 | | shall then determine the contributory fault, if
any, of each | 10 | | beneficiary on behalf of whom the action was brought:
| 11 | | (1) Where the trier of fact finds that the | 12 | | contributory fault of a
beneficiary on whose behalf the | 13 | | action is brought is
not more than 50% of the proximate | 14 | | cause of the wrongful death of the
decedent, then the | 15 | | damages allowed to that beneficiary shall be
diminished in | 16 | | proportion to the
contributory fault attributed to that | 17 | | beneficiary. The amount of the reduction
shall not be
| 18 | | payable by any defendant.
| 19 | | (2) Where the trier of fact finds that the | 20 | | contributory fault of a
beneficiary on whose behalf the | 21 | | action is brought is
more than 50% of the proximate cause | 22 | | of the wrongful death of the decedent,
then the | 23 | | beneficiary shall be barred from recovering damages and | 24 | | the amount of
damages which would have been payable to | 25 | | that beneficiary, but for the
beneficiary's contributory | 26 | | fault, shall not inure to the benefit of the
remaining |
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| 1 | | beneficiaries and shall not be payable by any defendant.
| 2 | | (i) The trial judge shall conduct a hearing to determine | 3 | | the degree of
dependency of each beneficiary upon the | 4 | | decedent. The trial judge shall
calculate the amount of | 5 | | damages to be awarded each beneficiary, taking into
account | 6 | | any reduction arising from either the decedent's or the | 7 | | beneficiary's
contributory fault.
| 8 | | (j) This amendatory Act of the 91st General Assembly | 9 | | applies to all actions
pending
on or filed after the effective | 10 | | date of this amendatory Act.
| 11 | | (k) This amendatory Act of the 95th General Assembly | 12 | | applies to causes of actions accruing on or after its | 13 | | effective date. | 14 | | (Source: P.A. 99-587, eff. 1-1-17 .)
| 15 | | Section 10. The Probate Act of 1975 is amended by changing | 16 | | Section 27-6 as follows:
| 17 | | (755 ILCS 5/27-6) (from Ch. 110 1/2, par. 27-6)
| 18 | | Sec. 27-6.
Actions which survive. ) In addition to the | 19 | | actions which survive
by the common law, the following also | 20 | | survive: actions of replevin,
actions to recover damages , | 21 | | including punitive damages when applicable, for an injury to | 22 | | the person (except slander
and libel), actions to recover | 23 | | damages for an injury to real or personal property
or for the | 24 | | detention or conversion of personal property, actions against |
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| 1 | | officers
for misfeasance, malfeasance, or nonfeasance of | 2 | | themselves or their deputies,
actions for fraud or deceit, and | 3 | | actions provided in Section 6-21 of the Liquor Control Act of | 4 | | 1934
"An Act relating to alcoholic liquors" . Nothing in this | 5 | | Section affects the applicability of Section 2-1115 of the | 6 | | Code of Civil Procedure or Section 2-102 of the Local | 7 | | Governmental and Governmental Employees Tort Immunity Act. | 8 | | Punitive damages are not available in an action against the | 9 | | State or an employee of the State in his or her official | 10 | | capacity.
| 11 | | (Source: P.A. 82-783.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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