Bill Text: IL HB1275 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that no contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-05-15 - Added Chief Co-Sponsor Rep. John M. Cabello [HB1275 Detail]

Download: Illinois-2023-HB1275-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1275 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1116 from Ch. 110, par. 2-1116
Amends the Code of Civil Procedure. Provides that no contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined. Effective immediately.
LRB103 04788 LNS 49798 b
A BILL FOR
HB1275 LRB103 04788 LNS 49798 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 Code of Civil Procedure is amended by
changing Section 2-1116 as follows:
(735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 2-1116. Limitation on recovery in tort actions.
In all actions on account of bodily injury or death or
physical damage to property, based on negligence, or product
liability based on strict tort liability, the plaintiff shall
be barred from recovering damages if the trier of fact finds
that the contributory fault on the part of the plaintiff is
more than 50% of the proximate cause of the injury or damage
for which recovery is sought. The plaintiff shall not be
barred from recovering damages if the trier of fact finds that
the contributory fault on the part of the plaintiff is not more
than 50% of the proximate cause of the injury or damage for
which recovery is sought, but any damages allowed shall be
diminished in the proportion to the amount of fault
attributable to the plaintiff.
No contributory fault may be attributed to a plaintiff

HB1275 - 2 - LRB103 04788 LNS 49798 b
bringing an action for damages for personal injury based on
childhood sexual abuse as defined in Section 13-202.2.
(Source: P.A. 84-1431.)
Section 99. Effective date. This Act takes effect upon
becoming law.