102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4347

 

Introduced 1/5/2022, by Rep. Amy Elik

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1116  from Ch. 110, par. 2-1116

    Amends the Code of Civil Procedure. Provides that no contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined. Effective immediately.


LRB102 22451 LNS 31591 b

 

 

A BILL FOR

 

HB4347LRB102 22451 LNS 31591 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1116 as follows:
 
6    (735 ILCS 5/2-1116)  (from Ch. 110, par. 2-1116)
7    (Text of Section WITHOUT the changes made by P.A. 89-7,
8which has been held unconstitutional)
9    Sec. 2-1116. Limitation on recovery in tort actions.
10     In all actions on account of bodily injury or death or
11physical damage to property, based on negligence, or product
12liability based on strict tort liability, the plaintiff shall
13be barred from recovering damages if the trier of fact finds
14that the contributory fault on the part of the plaintiff is
15more than 50% of the proximate cause of the injury or damage
16for which recovery is sought. The plaintiff shall not be
17barred from recovering damages if the trier of fact finds that
18the contributory fault on the part of the plaintiff is not more
19than 50% of the proximate cause of the injury or damage for
20which recovery is sought, but any damages allowed shall be
21diminished in the proportion to the amount of fault
22attributable to the plaintiff.
23    No contributory fault may be attributed to a plaintiff

 

 

HB4347- 2 -LRB102 22451 LNS 31591 b

1bringing an action for damages for personal injury based on
2childhood sexual abuse as defined in Section 13-202.2.
3(Source: P.A. 84-1431.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.