Sen. John J. Cullerton
Filed: 5/26/2004
 
 

 




 

 		












09300HB1191sam002

LRB093 03378 WGH 51658 a






1

AMENDMENT TO HOUSE BILL 1191




2
    AMENDMENT NO. ______. Amend House Bill 1191 by replacing 
3
everything after the enacting clause with the following:
 

 
4
    "Section 5. The Code of Civil Procedure is amended  by 
5
adding Section 2-1021 as follows:
 
6
    (735 ILCS 5/2-1021  new)
7
    Sec. 2-1021. Product liability; confidentiality orders.
8
    (a) As used in this Section, "product liability action" 
9
means a lawsuit for damages for personal injury or wrongful 
10
death caused by an instrumentality, a device, an instrument, a 
11
product, or a condition of an instrumentality, a device, an 
12
instrument, or a product that has caused and is likely to cause 
13
personal injury or death in other members of the public.
14
    (b) As used in this Section, "confidentiality order" means 
15
a court order that limits the disclosure or dissemination of 
16
information obtained through discovery in a product liability 
17
action.
18
    (c) For good cause shown, a party required to respond to 
19
discovery in a product liability action may obtain a 
20
confidentiality order.  If the court finds that such a 
21
confidentiality order is appropriate, the order shall be 
22
narrowly drafted and may permit the subsequent designation of 
23
specific confidential materials.  The party requesting the 
24
materials shall object with reasonable particularity to any 
 


 






09300HB1191sam002
- 2 -
LRB093 03378 WGH 51658 a




1
such designation of confidential materials that do not meet the 
2
standard in subsection (d).
3
    (d) Upon objection of a party to a designation that limits 
4
disclosure or dissemination of materials under a 
5
confidentiality order, the party seeking to limit disclosure or 
6
dissemination pursuant to a claim of confidentiality must 
7
demonstrate to the court, by a preponderance of the evidence, a 
8
specific, serious, and substantial interest in confidentiality 
9
that outweighs the adverse effect of confidentiality upon the 
10
general public health or safety.  The court shall make written 
11
findings in support of its decision to grant or deny 
12
confidentiality. The party seeking a confidentiality order has 
13
the right to appeal an order denying confidentiality, and any 
14
such appeal shall be governed by Supreme Court Rule 307.
15
    (e) Nothing in this Section precludes the use of 
16
confidentiality orders to protect trade secrets, consistent 
17
with the standard in subsection (d).
18
    (f) No agreement or order resolving or terminating a 
19
product liability action may require any party to keep 
20
confidential any information that is not covered by a 
21
confidentiality order, with the exception of information about 
22
settlement amounts or other benefits provided under a 
23
settlement agreement.  Any provision of a settlement agreement 
24
that violates this subsection (f) is severable from the 
25
remainder of the agreement, notwithstanding any provision to 
26
the contrary, and the remainder of the agreement shall remain 
27
in force.
28
    (g) Nothing in this Section shall affect the scope of 
29
discovery under applicable court rules or the court's power to 
30
supervise the discovery process.
31
    (h) This Section does not apply to or affect laws or 
32
regulations safeguarding the confidentiality of medical 
33
records.
34
    (i) This Section does not apply to healthcare services.
 


 






09300HB1191sam002
- 3 -
LRB093 03378 WGH 51658 a




1
    (j) Any person who satisfies the requirements of Section 
2
2-408 of this Code may intervene in an action for the purpose 
3
of challenging a confidentiality order.
4
    (k) No person shall enter into an agreement to resolve a 
5
potential product liability action if that agreement conceals 
6
information, the disclosure of which is necessary to protect 
7
the public health and safety.  An agreement shall be void as 
8
against public policy only upon a final judicial determination 
9
that the agreement violates this subsection (k).
10
    (l) This Section applies to all confidentiality orders and 
11
all agreements entered into or executed with respect to product 
12
liability actions on or after the effective date of this 
13
amendatory Act of the 93rd General Assembly.

 
14
    Section 97. Severability.  The provisions of this Act are 
15
severable under Section 1.31 of the Statute on Statutes.".