99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0037

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. VI, Sec. 20 new

    Proposes to amend the Judiciary Article of the Illinois Constitution. Provides maximum dollar value limitations on specified categories of damages.


LRB099 12523 JWD 35963 e

 

HC0037LRB099 12523 JWD 35963 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to add Section 20 to Article VI
9of the Illinois Constitution as follows:
 
10
ARTICLE VI
11
THE JUDICIARY

12    (ILCON Art. VI, Sec. 20 new)
13SECTION 20. LIMITATION ON LIABILITY FOR DAMAGES
14    (a) A punitive damage award may not be more than the
15greater of:
16        (1) three times the amount of compensatory damages
17    awarded in the action; or
18        (2) $50,000.
19    (b) The total amount recoverable for an injury or death of
20a patient as a result of medical malpractice may not exceed
21$1,250,000.
22    (c) A health care provider is not liable for an amount in
23excess of $250,000 for an occurrence of medical malpractice.

 

 

HC0037- 2 -LRB099 12523 JWD 35963 e

1    (d) Aggregate damages for the loss of society, including
2love, affection, care, attention, companionship, comfort,
3guidance, and protection, resulting from the wrongful death of
4an unmarried adult who has no dependents may not exceed
5$300,000.
 
6
SCHEDULE
7    This Constitutional Amendment takes effect upon being
8declared adopted in accordance with Section 7 of the Illinois
9Constitutional Amendment Act and applies only to causes of
10action accruing on or after its effective date.