Full Text of HB5293 95th General Assembly
HB5293 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5293
Introduced , by Rep. Renée Kosel SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/Art. VIII Pt. 28 heading new |
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735 ILCS 5/8-2801 new |
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735 ILCS 5/8-2802 new |
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735 ILCS 5/8-2803 new |
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735 ILCS 5/8-2804 new |
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735 ILCS 5/8-2805 new |
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735 ILCS 5/8-2806 new |
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735 ILCS 5/8-2807 new |
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735 ILCS 5/8-2808 new |
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735 ILCS 5/8-2809 new |
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735 ILCS 5/8-2810 new |
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Amends the Code of Civil Procedure. Provides that a non-expert's opinion or inference testimony is limited to opinions or inferences that are rationally based on his or her perception, helpful to a clear understanding of his or her testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pre-trial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; severability; and other matters. Applies to actions commenced on or after the effective date of the amendatory Act and pending actions in which a trial has not been scheduled or in which a trial has been scheduled more than 90 days after the effective date of the amendatory Act. Effective immediately.
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A BILL FOR
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HB5293 |
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LRB095 17026 AJO 43075 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by adding | 5 |
| Part 28 to Article VIII as follows: | 6 |
| (735 ILCS 5/Art. VIII Pt. 28 heading new) | 7 |
| Part 28. Reliability in Expert Testimony Standards | 8 |
| (735 ILCS 5/8-2801 new) | 9 |
| Sec. 8-2801. Opinion testimony by lay witnesses. If the | 10 |
| witness is not testifying as an expert, the witness' testimony | 11 |
| in the form of opinions or inferences is limited to those | 12 |
| opinions or inferences which are (a) rationally based on the | 13 |
| perception of the witness, (b) helpful to a clear understanding | 14 |
| of the witness' testimony or the determination of a fact in | 15 |
| issue, and (c) not based on scientific, technical, or other | 16 |
| specialized knowledge within the scope of Section 8-2803. | 17 |
| (735 ILCS 5/8-2802 new) | 18 |
| Sec. 8-2802. Testimony by experts. If scientific, | 19 |
| technical, or other specialized knowledge will assist the trier | 20 |
| of fact to understand the evidence or to determine a fact in | 21 |
| issue, a witness qualified as an expert by knowledge, skill, |
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HB5293 |
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LRB095 17026 AJO 43075 b |
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| experience, training, or education may testify thereto in the | 2 |
| form of an opinion or otherwise, if (a) the testimony is based | 3 |
| upon sufficient facts or data, (b) the testimony is the product | 4 |
| of reliable principles and methods, and (c) the witness has | 5 |
| applied the principles and methods reliably to the facts of the | 6 |
| case. | 7 |
| (735 ILCS 5/8-2803 new) | 8 |
| Sec. 8-2803. Bases of expert opinion testimony. The facts | 9 |
| or data in the particular case upon which an expert bases an | 10 |
| opinion or inference may be those perceived by or made known to | 11 |
| the expert at or before the hearing. If of a type reasonably | 12 |
| relied upon by experts in the particular field in forming | 13 |
| opinions or inferences upon the subject, the facts or data need | 14 |
| not be admissible in evidence in order for the opinion or | 15 |
| inference to be admitted. Facts or data that are otherwise | 16 |
| inadmissible shall not be disclosed to the jury by the | 17 |
| proponent of the opinion or inference unless the court | 18 |
| determines that their probative value in assisting the jury to | 19 |
| evaluate the expert's opinion substantially outweighs their | 20 |
| prejudicial effect. | 21 |
| (735 ILCS 5/8-2804 new) | 22 |
| Sec. 8-2804. Bars to expert testimony. | 23 |
| (a) A witness qualified as an expert by knowledge, skill, | 24 |
| experience, training, or education may only offer expert |
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| testimony with respect to a particular field in which the | 2 |
| expert is qualified. | 3 |
| (b) An expert witness may receive a reasonable and | 4 |
| customary fee for the rendering of professional services, | 5 |
| provided that the testimony of an expert witness shall not be | 6 |
| admitted if any such compensation is contingent on the outcome | 7 |
| of any claim or case with respect to which the testimony is | 8 |
| being offered. | 9 |
| (735 ILCS 5/8-2805 new) | 10 |
| Sec. 8-2805. Mandatory pre-trial hearing. If the witness is | 11 |
| testifying as an expert, then upon motion of a party, the court | 12 |
| shall hold a pre-trial hearing to determine whether the witness | 13 |
| qualifies as an expert and whether the expert's testimony | 14 |
| satisfies the requirements of Sections 8-2802, 8-2803, and | 15 |
| 8-2804. The court shall allow sufficient time for a hearing and | 16 |
| shall rule on the qualifications of the witness to testify as | 17 |
| an expert and whether or not the testimony satisfies the | 18 |
| requirements of Sections 8-2802, 8-2803, and 8-2804. Such | 19 |
| hearing and ruling shall be completed no later than the final | 20 |
| pre-trial hearing. The trial court's ruling shall set forth the | 21 |
| findings of fact and conclusions of law upon which the order to | 22 |
| admit or exclude expert evidence is based. | 23 |
| (735 ILCS 5/8-2806 new) | 24 |
| Sec. 8-2806. Mandatory pre-trial disclosure of expert |
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| testimony. | 2 |
| (a) Whether or not any party elects to request a pre-trial | 3 |
| hearing contemplated in Section 8-2805, all parties shall | 4 |
| disclose to other parties the identity of any person who may be | 5 |
| used at trial to present expert evidence. | 6 |
| (b) Except as otherwise stipulated or directed by the | 7 |
| court, this disclosure shall, with respect to a witness who is | 8 |
| retained or specially employed to provide expert testimony in | 9 |
| the case or whose duties as an employee of the party regularly | 10 |
| involve giving expert testimony, be accompanied by a written | 11 |
| report prepared and signed by the witness. The report shall | 12 |
| contain a complete statement of all opinions to be expressed | 13 |
| and the basis and reasons therefor; the data or other | 14 |
| information considered by the witness in forming the opinions; | 15 |
| any exhibits to be used as a summary of or support for the | 16 |
| opinions; the qualifications of the witness, including a list | 17 |
| of all publications authored by the witness within the | 18 |
| preceding 10 years; the compensation to be paid for the study | 19 |
| and testimony; and a listing of any other cases in which the | 20 |
| witness has testified as an expert at trial or by deposition | 21 |
| within the preceding 4 years. | 22 |
| (c) These disclosures shall be made at the times and in the | 23 |
| sequence directed by the court. In the absence of other | 24 |
| directions from the court or stipulation by the parties, the | 25 |
| disclosures shall be made at least 90 days before the trial | 26 |
| date or the date the case is to be ready for trial or, if the |
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| evidence is intended solely to contradict or rebut evidence on | 2 |
| the same subject matter identified by another party under | 3 |
| paragraph (b), within 30 days after the disclosure made by the | 4 |
| other party. | 5 |
| (d) A party may depose any person who has been identified | 6 |
| as an expert whose opinions may be presented at trial. If a | 7 |
| report from the expert is required under paragraph (b), the | 8 |
| deposition shall not be conducted until after the report is | 9 |
| provided. | 10 |
| (735 ILCS 5/8-2807 new) | 11 |
| Sec. 8-2807. Interpretation. In interpreting and applying | 12 |
| this Act, the courts of this State shall follow the opinions of | 13 |
| the Supreme Court of the United States in Daubert v. Merrell | 14 |
| Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General | 15 |
| Electric Co. v. Joiner, 522 U.S. 136 (1997), Kumho Tire Co. | 16 |
| Ltd. v. Carmichael, 526 U.S. 137 (1999), Weisgram v. Marley, | 17 |
| 528 U.S. 440 (2000), and their progeny; moreover, the courts of | 18 |
| this State may draw from other precedents binding in the | 19 |
| federal courts of this State applying the standards announced | 20 |
| by the Supreme Court of the United States in the foregoing | 21 |
| cases. | 22 |
| (735 ILCS 5/8-2808 new) | 23 |
| Sec. 8-2808. Interlocutory appeal. Interlocutory appeal of | 24 |
| a ruling on the admissibility of expert evidence shall be |
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| available at the discretion of the appellate court. In deciding | 2 |
| whether to grant the interlocutory appeal, the court shall | 3 |
| consider whether: (i) the ruling involved any challenge to the | 4 |
| constitutionality of this Act; (ii) the ruling will help prove | 5 |
| or disprove criminal liability; or (iii) the ruling will help | 6 |
| establish civil liability at or above $75,000, where the | 7 |
| testimony could be outcome-determinative for establishing | 8 |
| liability or determining damages. Neither a party's failure to | 9 |
| seek interlocutory appeal nor an appellate court's decision to | 10 |
| deny a motion for interlocutory appeal shall waive a party's | 11 |
| right to appeal a ruling on the admissibility of expert | 12 |
| evidence after an entry of judgment in the case. | 13 |
| (735 ILCS 5/8-2809 new) | 14 |
| Sec. 8-2809. Standard of review. | 15 |
| (a) As the proper construction of the expert evidence | 16 |
| admissibility framework prescribed by this Act is a question of | 17 |
| law, the reviewing court shall apply a de novo standard of | 18 |
| review in determining whether the trial court fully applied the | 19 |
| proper legal standard in considering the admissibility of | 20 |
| expert evidence. | 21 |
| (b) As the application of this Act to determine the | 22 |
| admissibility of expert testimony is a question of fact, the | 23 |
| reviewing court shall apply an abuse of discretion standard in | 24 |
| determining whether the trial court properly admitted or | 25 |
| excluded particular expert evidence. |
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LRB095 17026 AJO 43075 b |
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| (735 ILCS 5/8-2810 new)
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| Sec. 8-2810. Application. This Part applies to all actions | 3 |
| commenced on or after the effective date of this amendatory Act | 4 |
| of the 95th General Assembly
and to all pending actions in | 5 |
| which trial has not been scheduled or in which trial has been | 6 |
| scheduled in excess of 90 days after the effective date of this | 7 |
| amendatory Act of the 95th General Assembly. | 8 |
| Section 97. Severability. The provisions of this Act are | 9 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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