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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0037
Introduced 3/18/2004, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
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9991 ILCS 5/Art. XIII heading |
ILCON Art. XIII heading |
9991 ILCS 5/13.5 new |
ILCON Art. XIII, Sec. 13.5 new |
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Permits the General Assembly to provide by law for the pre-trial medical peer review of all medical malpractice actions filed in Illinois. Provides that the review is non-binding but is admissible at trial.
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A BILL FOR
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HC0037 |
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LRB093 21546 LCB 48744 e |
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| HOUSE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
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| NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE |
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| SENATE CONCURRING HEREIN, that there shall be submitted to the |
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| electors of the State for adoption or rejection at the general |
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| election next occurring at least 6 months after the adoption of |
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| this resolution a proposition to add Section 13.5 to Article IV |
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| of the Illinois Constitution as follows:
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| (ILCON Art. XIII heading) |
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| ARTICLE XIII
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| GENERAL PROVISIONS
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| (ILCON Art. XIII, Sec. 13.5 new)
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| Sec. 13.5. PRE-TRIAL MEDICAL PEER REVIEW |
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| (a) Notwithstanding any other provision of this |
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| Constitution, the General Assembly may provide by law for the |
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| pre-trial medical peer review of all medical malpractice |
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| actions, as defined by law, filed in Illinois. The review is |
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| non-binding, but any determination made as a result of the |
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| review is admissible at trial.
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| (b) This Section applies without regard to whether the |
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| claim or cause of action arises under or is derived from common |
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| law, a statute, or other law, including any claim or cause of |
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| action based or sounding in tort, contract, or any other theory |
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| or any combination of theories of liability.
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| (c) This Section applies to any law enacted by the General |
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| Assembly on, before, or after the effective date of this |
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| Section.
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| (d) This Section and laws implementing this Section shall |
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| not be construed to be in conflict with the judicial power |
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| vested in the courts under Section 1 of Article VI or to |
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| violate the doctrine of separation of powers.
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