Bill Amendment: IL HB0222 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CIVIL LAW-TECH
Status: 2024-05-23 - Referred to Assignments [HB0222 Detail]
Download: Illinois-2023-HB0222-House_Amendment_001.html
Bill Title: CIVIL LAW-TECH
Status: 2024-05-23 - Referred to Assignments [HB0222 Detail]
Download: Illinois-2023-HB0222-House_Amendment_001.html
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 222 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 222 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-1116 and by adding Article XXIII as | ||||||
6 | follows:
| ||||||
7 | (735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116) | ||||||
8 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
9 | which has been held unconstitutional) | ||||||
10 | Sec. 2-1116. Limitation on recovery in tort actions. | ||||||
11 | In all actions on account of bodily injury or death or | ||||||
12 | physical damage to property, based on negligence, or product | ||||||
13 | liability based on strict tort liability, the plaintiff shall | ||||||
14 | be barred from recovering damages if the trier of fact finds | ||||||
15 | that the contributory fault on the part of the plaintiff is | ||||||
16 | more than 50% of the proximate cause of the injury or damage |
| |||||||
| |||||||
1 | for which recovery is sought. The plaintiff shall not be | ||||||
2 | barred from recovering damages if the trier of fact finds that | ||||||
3 | the contributory fault on the part of the plaintiff is not more | ||||||
4 | than 50% of the proximate cause of the injury or damage for | ||||||
5 | which recovery is sought, but any damages allowed shall be | ||||||
6 | diminished in the proportion to the amount of fault | ||||||
7 | attributable to the plaintiff. | ||||||
8 | No contributory fault may be attributed to a plaintiff | ||||||
9 | bringing an action for damages for personal injury based on | ||||||
10 | childhood sexual abuse as defined in Section 13-202.2. | ||||||
11 | (Source: P.A. 84-1431.)
| ||||||
12 | (735 ILCS 5/Art. XXIII heading new) | ||||||
13 | ARTICLE XXIII. | ||||||
14 | SEXUAL ABUSE PER SE HARMFUL | ||||||
15 | (735 ILCS 5/23-101 new) | ||||||
16 | Sec. 23-101. Sexual abuse per se harmful. For an action | ||||||
17 | arising out of an injury caused by sexual conduct or sexual | ||||||
18 | penetration as defined in Section 11-0.1 of the Criminal Code | ||||||
19 | of 2012, if the plaintiff proves by a preponderance of the | ||||||
20 | evidence that the defendant committed childhood sexual abuse | ||||||
21 | as defined in Section 13-202.2 against the plaintiff, such | ||||||
22 | sexual conduct or sexual penetration shall be considered | ||||||
23 | obviously and materially harmful to the plaintiff and shall be | ||||||
24 | deemed by the court per se harmful and traumatic. The |
| |||||||
| |||||||
1 | plaintiff need not present additional evidence to prove they | ||||||
2 | were harmed. The plaintiff may present additional evidence to | ||||||
3 | show the extent of such harm. | ||||||
4 | This Section applies to causes of action arising on or | ||||||
5 | after the effective date of this amendatory Act of the 103rd | ||||||
6 | General Assembly or to causes of action for which the | ||||||
7 | limitation period has not yet expired.
|