Bill Status of HB 4450   95th General Assembly

Short Description:  CIV PRO-SETTLMNT INMATE-VICTIM

House Sponsors
Rep. Mike Fortner-William B. Black

Senate Sponsors
(Sen. Matt Murphy-Randall M. Hultgren)


Last Action  View All Actions

DateChamber Action
  9/25/2008HousePublic Act . . . . . . . . . 95-0975

Statutes Amended In Order of Appearance
735 ILCS 5/13-202.1from Ch. 110, par. 13-202.1

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that whenever there is a settlement with or a verdict or judgment against a county, county sheriff, or county employee of $500 or more with a person for damages incurred while the person was incarcerated in a county jail, the sheriff shall notify the State's Attorney who in turn shall notify any victim of a crime for which the person was taken into custody that there has been that type of settlement, verdict, or judgment. Provides that the State's Attorney shall advise the victim of the rights which the victim may have against the person, but the State's Attorney shall not file a civil action for the victim.

House Amendment No. 1
Further amends the Code of Civil Procedure. Provides that whenever there is a settlement, verdict or judgment in excess of $500 in any court against the Department of Corrections, a county sheriff, or one of their employees in favor of any person for damages while incarcerated, the State's Attorney shall within 14 days of receipt of the notice of the settlement, verdict, or judgment send the same notice to the person or persons who were the victim or victims of the crime, at their last known address (instead of not specifying where to send the notice), along with the information that the victim or victims should (instead of may) contact a private attorney to advise them of their rights under the law (instead of contact the State's Attorney for advice concerning their rights to sue for damages under the law). Deletes provision that states that if so requested, the State's Attorney's office shall provide advice, but in no instance may the State's Attorney institute a civil action for damages on behalf of the victim or victims.

Governor Amendatory Veto Message
Recommends that whenever there is a settlement, verdict or judgment in excess of $500 in any court against the Department of Corrections or one of its employees in favor of any person for damages while incarcerated, the State's Attorney shall within 14 days of receipt of the notice of the settlement, verdict, or judgment send the same notice to the person or persons who were the victim or victims of the crime, at their last known address, along with the information that the victim or victims should (instead of "may") contact the State's Attorney for advice concerning their rights to sue for damages under the law (instead of providing that victims should contact a private attorney to advise them of their rights under the law). Restores language of current law providing that if so requested, the State's Attorney's office shall provide advice, but in no instance may the State's Attorney institute a civil action for damages on behalf of the victim or victims.

Actions 
DateChamber Action
  1/16/2008HouseFiled with the Clerk by Rep. Mike Fortner
  1/16/2008HouseFirst Reading
  1/16/2008HouseReferred to Rules Committee
  2/6/2008HouseAssigned to Judiciary I - Civil Law Committee
  2/13/2008HouseAdded Chief Co-Sponsor Rep. William B. Black
  2/21/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/21/2008HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/21/2008HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  2/21/2008HousePlaced on Calendar 2nd Reading - Short Debate
  2/28/2008HouseSecond Reading - Short Debate
  2/28/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/4/2008HouseThird Reading - Short Debate - Passed 110-000-000
  3/5/2008SenateArrive in Senate
  3/5/2008SenatePlaced on Calendar Order of First Reading March 6, 2008
  3/24/2008SenateChief Senate Sponsor Sen. Randall M. Hultgren
  4/1/2008SenateFirst Reading
  4/1/2008SenateReferred to Rules
  5/7/2008SenateAssigned to Judiciary Civil Law
  5/13/2008SenateAdded as Alternate Co-Sponsor Sen. Matt Murphy
  5/13/2008SenateDo Pass Judiciary Civil Law; 007-000-000
  5/13/2008SenatePlaced on Calendar Order of 2nd Reading May 14, 2008
  5/15/2008SenateSecond Reading
  5/15/2008SenatePlaced on Calendar Order of 3rd Reading May 20, 2008
  5/20/2008SenateThird Reading - Passed; 058-000-000
  5/20/2008HousePassed Both Houses
  6/18/2008HouseSent to the Governor
  8/15/2008HouseGovernor Amendatory Veto
  9/8/2008HousePlaced on Calendar Amendatory Veto September 10, 2008
  9/8/2008HouseMotion Filed Override Amendatory Veto Rep. Mike Fortner
  9/10/2008House3/5 Vote Required
  9/10/2008HouseOverride Amendatory Veto - House Passed 113-000-000
  9/22/2008SenatePlaced on Calendar Amendatory Veto September 22, 2008
  9/22/2008SenateAlternate Chief Sponsor Changed to Sen. Matt Murphy
  9/22/2008SenateSponsor Removed Sen. Matt Murphy
  9/22/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Randall M. Hultgren
  9/22/2008SenateMotion Filed Override Amendatory Veto Sen. Matt Murphy
  9/22/2008Senate3/5 Vote Required
  9/22/2008SenateOverride Amendatory Veto - Senate Passed 054-000-000
  9/22/2008HouseAmendatory Veto Overridden Both Houses
  9/25/2008HouseEffective Date January 1, 2009
  9/25/2008HousePublic Act . . . . . . . . . 95-0975

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