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Synopsis As Introduced Amends the Freedom of Information Act. Provides that if the court determines that a public body willfully and intentionally failed to comply with the Act, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $10,000 (instead of $5,000) for each occurrence. Provides that if the public body fails to comply with the court's order after 30 days, the court shall impose an additional $1,000 penalty for each day the violation continues. Amends the Wrongful Death Act. Provides that an action under the Act shall be commenced within 2 years after the discovery of evidence indicating that a wrongful death may have occurred (instead of "within 2 years after the death of such person"). Provides that the amendatory Act may be referred to as Molly's law.
House Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Wrongful Death Act. Provides that an action may be brought within 5 years from the date of the death if the death is the result of violent intentional conduct or within one year of the final disposition of the criminal case if the person is charged with: first degree murder; intentional homicide of an unborn child; second degree murder; voluntary manslaughter of an unborn child; involuntary manslaughter or reckless homicide; involuntary manslaughter or reckless homicide of an unborn child; or drug-induced homicide. Provides that the amendatory Act may be referred to as Molly's law.
Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: (1) provides that an action may be brought against an individual who committed a violent intentional act that caused death within 5 years after the date of the death (instead of "within 5 years after the date of the death if the death is the result of violent intentional conduct") or against a criminal defendant within one year after the final disposition of the criminal case (instead of "within one year after the final disposition of the criminal case") if the criminal defendant (instead of "defendant") is charged with one of the enumerated charges; (2) provides that the new provisions extend the statute of limitations only against the individual who allegedly committed a violent intentional act or was the defendant charged with one of the specified crimes; (3) provides that the new provisions do not extend the statute of limitations against any other person or entity; and (4) provides that the changes apply to causes of action arising on or after the effective date of the amendatory Act.
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