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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5293
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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740 ILCS 180/2.1 |
from Ch. 70, par. 2.1 |
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Amends the Wrongful Death Act. Makes a stylistic change in provisions
concerning special administrators.
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A BILL FOR
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HB5293 |
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LRB093 17102 LCB 42768 b |
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| AN ACT concerning civil liabilities.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Wrongful Death Act is amended by changing |
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| Section 2.1 as
follows:
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| (740 ILCS 180/2.1) (from Ch. 70, par. 2.1)
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| Sec. 2.1. If
In the event that the only asset of the |
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| deceased estate
is a cause
of action arising under this Act, |
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| and no petition for letters of office
for his or her estate has |
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| been filed, the court, upon motion of any
person who would be |
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| entitled to a recovery under this Act, and after such
notice to |
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| the party's heirs or legatees as the court directs,
and without |
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| opening of an estate, may appoint a special administrator for
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| the deceased party for the purpose of prosecuting or defending |
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| the action.
If there is more than one special administrator |
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| appointed
and one of
the administrators is a corporation |
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| qualified to act as a representative of the
estate of a
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| decedent and if the compensation of the attorney or attorneys |
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| representing the
special
administrators is solely determined |
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| under a contingent fee arrangement, then
upon petition and |
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| approval by the court, the
special
administrator which is a |
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| corporation shall not participate in or have any duty
to review
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| the prosecution of the action, to participate in or review the |
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| appropriateness
of any
settlement of the action, or to |
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| participate in or review any determination of
the
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| appropriateness of any fees awarded to the attorney or |
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| attorneys employed in
the prosecution of the action.
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| If a judgment is entered or the action is settled in favor |
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| of the special
administrator, he or she shall distribute the |
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| proceeds as provided by
law, except that if proceeds in excess |
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| of $5,000 are distributable to a
minor or person under legal |
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| disability, the court shall allow disbursements and
fees to the |