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90_HB2974
735 ILCS 5/2-209 from Ch. 110, par. 2-209
740 ILCS 100/2 from Ch. 70, par. 302
Amends the Code of Civil Procedure and the Joint
Tortfeasor Contribution Act. Makes stylistic changes in
provisions concerning torts.
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1 AN ACT to amend certain Acts in relation to torts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5 changing Section 2-209 as follows:
6 (735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
7 Sec. 2-209. Act submitting to jurisdiction - Process.
8 (a) Any person, whether or not a citizen or resident of
9 this State, who in person or through an agent does any of the
10 acts hereinafter enumerated, thereby submits such person,
11 and, if an individual, his or her personal representative, to
12 the jurisdiction of the courts of this State as to any cause
13 of action arising from the doing of any of such acts:
14 (1) The transaction of any business within this
15 State;
16 (2) The commission of a tortious act within the
17 this State of Illinois;
18 (3) The ownership, use, or possession of any real
19 estate situated in this State;
20 (4) Contracting to insure any person, property or
21 risk located within this State at the time of
22 contracting;
23 (5) With respect to actions of dissolution of
24 marriage, declaration of invalidity of marriage and legal
25 separation, the maintenance in this State of a
26 matrimonial domicile at the time this cause of action
27 arose or the commission in this State of any act giving
28 rise to the cause of action;
29 (6) With respect to actions brought under the
30 Illinois Parentage Act of 1984, as now or hereafter
31 amended, the performance of an act of sexual intercourse
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1 within this State during the possible period of
2 conception;
3 (7) The making or performance of any contract or
4 promise substantially connected with this State;
5 (8) The performance of sexual intercourse within
6 this State which is claimed to have resulted in the
7 conception of a child who resides in this State;
8 (9) The failure to support a child, spouse or
9 former spouse who has continued to reside in this State
10 since the person either formerly resided with them in
11 this State or directed them to reside in this State;
12 (10) The acquisition of ownership, possession or
13 control of any asset or thing of value present within
14 this State when ownership, possession or control was
15 acquired;
16 (11) The breach of any fiduciary duty within this
17 State;
18 (12) The performance of duties as a director or
19 officer of a corporation organized under the laws of this
20 State or having its principal place of business within
21 this State;
22 (13) The ownership of an interest in any trust
23 administered within this State; or
24 (14) The exercise of powers granted under the
25 authority of this State as a fiduciary.
26 (b) A court may exercise jurisdiction in any action
27 arising within or without this State against any person who:
28 (1) Is a natural person present within this State
29 when served;
30 (2) Is a natural person domiciled or resident
31 within this State when the cause of action arose, the
32 action was commenced, or process was served;
33 (3) Is a corporation organized under the laws of
34 this State; or
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1 (4) Is a natural person or corporation doing
2 business within this State.
3 (c) A court may also exercise jurisdiction on any other
4 basis now or hereafter permitted by the Illinois Constitution
5 and the Constitution of the United States.
6 (d) Service of process upon any person who is subject to
7 the jurisdiction of the courts of this State, as provided in
8 this Section, may be made by personally serving the summons
9 upon the defendant outside this State, as provided in this
10 Act, with the same force and effect as though summons had
11 been personally served within this State.
12 (e) Service of process upon any person who resides or
13 whose business address is outside the United States and who
14 is subject to the jurisdiction of the courts of this State,
15 as provided in this Section, in any action based upon product
16 liability may be made by serving a copy of the summons with a
17 copy of the complaint attached upon the Secretary of State.
18 The summons shall be accompanied by a $5 fee payable to the
19 Secretary of State. The plaintiff shall forthwith mail a
20 copy of the summons, upon which the date of service upon the
21 Secretary is clearly shown, together with a copy of the
22 complaint to the defendant at his or her last known place of
23 residence or business address. Plaintiff shall file with the
24 circuit clerk an affidavit of the plaintiff or his or her
25 attorney stating the last known place of residence or the
26 last known business address of the defendant and a
27 certificate of mailing a copy of the summons and complaint to
28 the defendant at such address as required by this subsection
29 (e). The certificate of mailing shall be prima facie
30 evidence that the plaintiff or his or her attorney mailed a
31 copy of the summons and complaint to the defendant as
32 required. Service of the summons shall be deemed to have been
33 made upon the defendant on the date it is served upon the
34 Secretary and shall have the same force and effect as though
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1 summons had been personally served upon the defendant within
2 this State.
3 (f) Only causes of action arising from acts enumerated
4 herein may be asserted against a defendant in an action in
5 which jurisdiction over him or her is based upon subsection
6 (a).
7 (g) Nothing herein contained limits or affects the right
8 to serve any process in any other manner now or hereafter
9 provided by law.
10 (Source: P.A. 86-840.)
11 Section 10. The Joint Tortfeasor Contribution Act is
12 amended by changing Section 2 as follows:
13 (740 ILCS 100/2) (from Ch. 70, par. 302)
14 Sec. 2. Right of Contribution. (a) Except as otherwise
15 provided in this Act, if where 2 or more persons are subject
16 to liability in tort arising out of the same injury to person
17 or property, or the same wrongful death, there is a right of
18 contribution among them, even though judgment has not been
19 entered against any or all of them.
20 (b) The right of contribution exists only in favor of a
21 tortfeasor who has paid more than his pro rata share of the
22 common liability, and his total recovery is limited to the
23 amount paid by him in excess of his pro rata share. No
24 tortfeasor is liable to make contribution beyond his own pro
25 rata share of the common liability.
26 (c) When a release or covenant not to sue or not to
27 enforce judgment is given in good faith to one or more
28 persons liable in tort arising out of the same injury or the
29 same wrongful death, it does not discharge any of the other
30 tortfeasors from liability for the injury or wrongful death
31 unless its terms so provide but it reduces the recovery on
32 any claim against the others to the extent of any amount
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1 stated in the release or the covenant, or in the amount of
2 the consideration actually paid for it, whichever is greater.
3 (d) The tortfeasor who settles with a claimant pursuant
4 to paragraph (c) is discharged from all liability for any
5 contribution to any other tortfeasor.
6 (e) A tortfeasor who settles with a claimant pursuant to
7 paragraph (c) is not entitled to recover contribution from
8 another tortfeasor whose liability is not extinguished by the
9 settlement.
10 (f) Anyone who, by payment, has discharged in full or in
11 part the liability of a tortfeasor and has thereby discharged
12 in full his obligation to the tortfeasor, is subrogated to
13 the tortfeasor's right of contribution. This provision does
14 not affect any right of contribution nor any right of
15 subrogation arising from any other relationship.
16 (Source: P.A. 84-1308.)