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| | 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 |
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Proposes to amend the Judiciary Article of the Illinois Constitution. Provides maximum dollar value limitations on specified categories of damages.
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| | HC0037 | | LRB099 12523 JWD 35963 e |
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1 | | HOUSE JOINT RESOLUTION
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2 | | CONSTITUTIONAL AMENDMENT
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3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
4 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE |
5 | | SENATE CONCURRING HEREIN, that there shall be submitted to the |
6 | | electors of the State for adoption or rejection at the general |
7 | | election next occurring at least 6 months after the adoption of |
8 | | this resolution a proposition to add Section 20 to Article VI |
9 | | of the Illinois Constitution as follows:
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10 | | ARTICLE VI
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11 | | THE JUDICIARY
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12 | | (ILCON Art. VI, Sec. 20 new) |
13 | | SECTION 20. LIMITATION ON LIABILITY FOR DAMAGES |
14 | | (a) A punitive damage award may not be more than the |
15 | | greater 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 |
20 | | a 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 |
23 | | excess of $250,000 for an occurrence of medical malpractice. |