Bill Text: IL HB0035 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Wrongful Death Act. Allows for the recovery of punitive damages in a wrongful death action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB0035 Detail]

Download: Illinois-2023-HB0035-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0035 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
740 ILCS 180/1 from Ch. 70, par. 1
Amends the Wrongful Death Act. Allows for the recovery of punitive damages in a wrongful death action.
LRB103 03554 LNS 48560 b
A BILL FOR
HB0035 LRB103 03554 LNS 48560 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wrongful Death Act is amended by changing
Section 1 as follows:
(740 ILCS 180/1) (from Ch. 70, par. 1)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 1. Whenever the death of a person shall be caused by
wrongful act, neglect or default, and the act, neglect or
default is such as would, if death had not ensued, have
entitled the party injured to maintain an action and recover
damages, including punitive damages, in respect thereof, then
and in every such case the person who or company or corporation
which would have been liable if death had not ensued, shall be
liable to an action for damages, including punitive damages,
notwithstanding the death of the person injured, and although
the death shall have been caused under such circumstances as
amount in law to felony.
(Source: Laws 1853, p. 97.)