Bill Text: IL HB0219 | 2023-2024 | 103rd General Assembly | Chaptered

---

Bill Title: Amends the Wrongful Death Act. Provides that an action under the Act may be filed to recover punitive damages. Provides that punitive damages are not available in actions against the State or an employee of the State in his or her official capacity. Makes conforming changes. Amends the Probate Act of 1975. Provides that actions for punitive damages for an injury to the person survive. Provides that punitive damages are not available in actions against the State or an employee of the State in his or her official capacity. Effective immediately.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0514 [HB0219 Detail]

Download: Illinois-2023-HB0219-Chaptered.html

---

Public Act 103-0514
HB0219 Enrolled LRB103 03743 LNS 48749 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
Sections 1 and 2 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 when applicable, 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 when applicable, notwithstanding
the death of the person injured, and although the death shall
have been caused under such circumstances as amount in law to
felony. Nothing in this Section affects the applicability of
Section 2-1115 of the Code of Civil Procedure or Section 2-102
or 2-213 of the Local Governmental and Governmental Employees
Tort Immunity Act. Punitive damages are not available in an

action for healing art malpractice or legal malpractice or in
an action against the State or unit of local government or an
employee of the State or an employee of a unit of local
government in his or her official capacity. The changes made
to this Section by this amendatory Act of the 103rd General
Assembly apply to actions filed on and after the effective
date of this amendatory Act of the 103rd General Assembly.
(Source: Laws 1853, p. 97.)
(740 ILCS 180/2) (from Ch. 70, par. 2)
Sec. 2. (a) Every such action shall be brought by and in
the names of the personal representatives of such deceased
person, and, except as otherwise hereinafter provided, the
amount recovered in every such action shall be for the
exclusive benefit of the surviving spouse and next of kin of
such deceased person. In every such action the jury may give
such damages as they shall deem a fair and just compensation
with reference to the pecuniary injuries resulting from such
death, including damages for grief, sorrow, and mental
suffering, and punitive damages when applicable, to the
surviving spouse and next of kin of such deceased person.
Nothing in this Section affects the applicability of Section
2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213
of the Local Governmental and Governmental Employees Tort
Immunity Act. Punitive damages are not available in an action
for healing art malpractice or legal malpractice or in an

action against the State or unit of local government or an
employee of the State or an employee of a unit of local
government in his or her official capacity. The changes made
to this Section by this amendatory Act of the 103rd General
Assembly apply to actions filed on and after the effective
date of this amendatory Act of the 103rd General Assembly.
(b) The amount recovered in any such action shall be
distributed by the court in which the cause is heard or, in the
case of an agreed settlement, by the circuit court, to each of
the surviving spouse and next of kin of such deceased person in
the proportion, as determined by the court, that the
percentage of dependency of each such person upon the deceased
person bears to the sum of the percentages of dependency of all
such persons upon the deceased person.
(c) Where the deceased person left no surviving spouse or
next of kin entitled to recovery, the damages shall, subject
to the following limitations inure, to the exclusive benefit
of the following persons, or any one or more of them:
(1) to the person or persons furnishing
hospitalization or hospital services in connection with
the last illness or injury of the deceased person, not
exceeding $450;
(2) to the person or persons furnishing medical or
surgical services in connection with such last illness or
injury, not exceeding $450;
(3) to the personal representatives, as such, for the

costs and expenses of administering the estate and
prosecuting or compromising the action, including a
reasonable attorney's fee. In any such case the measure of
damages to be recovered shall be the total of the
reasonable value of such hospitalization or hospital
service, medical and surgical services, funeral expenses,
and such costs and expenses of administration, including
attorney fees, not exceeding the foregoing limitations for
each class of such expenses and not exceeding $900 plus a
reasonable attorney's fee.
(d) Except as otherwise provided in subsection (e) of this
Section, every such action shall be commenced within 2 years
after the death of such person but an action against a
defendant arising from a crime committed by the defendant in
whose name an escrow account was established under the
"Criminal Victims' Escrow Account Act" shall be commenced
within 2 years after the establishment of such account.
(e) An action may be brought within 5 years after the date
of the death if the death is the result of violent intentional
conduct or within one year after the final disposition of the
criminal case if the defendant is charged with:
(1) first degree murder under Section 9-1 of the
Criminal Code of 2012;
(2) intentional homicide of an unborn child under
Section 9-1.2 of the Criminal Code of 2012;
(3) second degree murder under Section 9-2 of the

Criminal Code of 2012;
(4) voluntary manslaughter of an unborn child under
Section 9-2.1 of the Criminal Code of 2012;
(5) involuntary manslaughter or reckless homicide
under Section 9-3 of the Criminal Code of 2012;
(6) involuntary manslaughter or reckless homicide of
an unborn child under Section 9-3.2 of the Criminal Code
of 2012; or
(7) drug-induced homicide under Section 9-3.3 of the
Criminal Code of 2012.
This subsection extends the statute of limitations only
against the individual who allegedly committed a violent
intentional act or was the defendant charged with a crime
listed in this subsection. It does not extend the statute of
limitations against any other person or entity. The changes to
this Section made by this amendatory Act of the 99th General
Assembly apply to causes of action arising on or after the
effective date of this amendatory Act of the 99th General
Assembly.
(f) For the purposes of this Section 2, next of kin
includes an adopting parent and an adopted child, and they
shall be treated as a natural parent and a natural child,
respectively. However, if a person entitled to recover
benefits under this Act, is, at the time the cause of action
accrued, within the age of 18 years, he or she may cause such
action to be brought within 2 years after attainment of the age

of 18.
(g) In any such action to recover damages, it shall not be
a defense that the death was caused in whole or in part by the
contributory negligence of one or more of the beneficiaries on
behalf of whom the action is brought, but the amount of damages
given shall be reduced in the following manner.
(h) The trier of fact shall first determine the decedent's
contributory fault in accordance with Sections 2-1116 and
2-1107.1 of the Code of Civil Procedure. Recovery of damages
shall be barred or diminished accordingly. The trier of fact
shall then determine the contributory fault, if any, of each
beneficiary on behalf of whom the action was brought:
(1) Where the trier of fact finds that the
contributory fault of a beneficiary on whose behalf the
action is brought is not more than 50% of the proximate
cause of the wrongful death of the decedent, then the
damages allowed to that beneficiary shall be diminished in
proportion to the contributory fault attributed to that
beneficiary. The amount of the reduction shall not be
payable by any defendant.
(2) Where the trier of fact finds that the
contributory fault of a beneficiary on whose behalf the
action is brought is more than 50% of the proximate cause
of the wrongful death of the decedent, then the
beneficiary shall be barred from recovering damages and
the amount of damages which would have been payable to

that beneficiary, but for the beneficiary's contributory
fault, shall not inure to the benefit of the remaining
beneficiaries and shall not be payable by any defendant.
(i) The trial judge shall conduct a hearing to determine
the degree of dependency of each beneficiary upon the
decedent. The trial judge shall calculate the amount of
damages to be awarded each beneficiary, taking into account
any reduction arising from either the decedent's or the
beneficiary's contributory fault.
(j) This amendatory Act of the 91st General Assembly
applies to all actions pending on or filed after the effective
date of this amendatory Act.
(k) This amendatory Act of the 95th General Assembly
applies to causes of actions accruing on or after its
effective date.
(Source: P.A. 99-587, eff. 1-1-17.)
Section 10. The Probate Act of 1975 is amended by changing
Section 27-6 as follows:
(755 ILCS 5/27-6) (from Ch. 110 1/2, par. 27-6)
Sec. 27-6. Actions which survive.) In addition to the
actions which survive by the common law, the following also
survive: actions of replevin, actions to recover damages,
including punitive damages when applicable, for an injury to
the person (except slander and libel), actions to recover

damages for an injury to real or personal property or for the
detention or conversion of personal property, actions against
officers for misfeasance, malfeasance, or nonfeasance of
themselves or their deputies, actions for fraud or deceit, and
actions provided in Section 6-21 of the Liquor Control Act of
1934 "An Act relating to alcoholic liquors". Nothing in this
Section affects the applicability of Section 2-1115 of the
Code of Civil Procedure or Section 2-102 or 2-213 of the Local
Governmental and Governmental Employees Tort Immunity Act.
Punitive damages are not available in an action for healing
art malpractice or legal malpractice or in an action against
the State or unit of local government or an employee of the
State or an employee of a unit of local government in his or
her official capacity.
(Source: P.A. 82-783.)
Section 99. Effective date. This Act takes effect upon
becoming law.