Bill Text: IL HJRCA0015 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the General Assembly may determine by statute the limit of liability for all damages and losses other than economic damages of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that is or is claimed to be a cause of or that contributes or is claimed to contribute to the disease, injury, or death of a person. Requires a majority vote of all the members elected to each house to pass legislation to limit liability on non-economic damages. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HJRCA0015 Detail]

Download: Illinois-2023-HJRCA0015-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0015 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
ILCON Art. IV Sec. 13.5 new
Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the General Assembly may determine by statute the limit of liability for all damages and losses other than economic damages of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that is or is claimed to be a cause of or that contributes or is claimed to contribute to the disease, injury, or death of a person. Requires a majority vote of all the members elected to each house to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted.
LRB103 32279 LNS 61558 e
HC0015 LRB103 32279 LNS 61558 e
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
SENATE CONCURRING HEREIN, that there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption
of this resolution a proposition to add Section 13.5 to
Article IV of the Illinois Constitution as follows:
ARTICLE IV
THE LEGISLATURE
(ILCON Art. IV Sec. 13.5 new)
SECTION 13.5. LIMITATION ON LIABILITY FOR NON-ECONOMIC DAMAGES
(a) In this Section, "economic damages" means compensatory
damages for any pecuniary loss or damage. The term does not
include any loss or damage for past, present, and future
physical pain and suffering, mental anguish and suffering,
loss of consortium, loss of companionship and society,
disfigurement, or physical impairment.
(b) Notwithstanding any other provision of this
Constitution, the General Assembly may determine by statute
the limit of liability for all damages and losses other than
economic damages of a provider of medical or health care with

HC0015 - 2 - LRB103 32279 LNS 61558 e
respect to treatment, lack of treatment, or other claimed
departure from an accepted standard of medical or health care
or safety that is or is claimed to be a cause of or that
contributes or is claimed to contribute to the disease,
injury, or death of a person. This subsection (b) applies
without regard to whether the claim or cause of action arises
under or is derived from common law, a statute, or other law,
including any claim or cause of action based or sounding in
tort, contract, or any other theory or any combination of
theories of liability. The claim or cause of action includes a
medical or health care liability claim as defined by the
General Assembly.
(c) This Section applies to any law enacted by the General
Assembly on or after the effective date of this amendment to
the Constitution.
(d) A legislative exercise of authority under subsection
(b) of this Section requires a majority vote of all the members
elected to each house and must include language citing this
Section.
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.