HB0035 103RD GENERAL ASSEMBLY

LRB103 03554 LNS 48560 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0035

Introduced 1/12/2023, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

740 ILCS 180/1

from Ch. 70, par. 1

Amends the Wrongful Death Act. Allows for the recovery of punitive damages in a wrongful death action.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Wrongful Death Act is amended by changing Section 1 as follows:

(740 ILCS 180/1) (from Ch. 70, par. 1)

(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held unconstitutional)

Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, including punitive damages, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.

(Source: Laws 1853, p. 97.)