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Full Text of HJRCA0013  94th General Assembly

HC0013 94TH GENERAL ASSEMBLY

 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0013

 

Introduced 2/23/2005, by Rep. Tom Cross - Elizabeth Coulson - Dave Winters - Aaron Schock - Mike Bost, et al.

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. XIII, Sec. 13.5 new

    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.


LRB094 09333 LCB 39574 e

 

 

A BILL FOR

 

HC0013 LRB094 09333 LCB 39574 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5 SENATE CONCURRING HEREIN, that there shall be submitted to the
6 electors of the State for adoption or rejection at the general
7 election next occurring at least 6 months after the adoption of
8 this resolution a proposition to add Section 13.5 to Article IV
9 of the Illinois Constitution as follows:
 
10
ARTICLE XIII
11
GENERAL PROVISIONS

12     (ILCON Art. XIII, Sec. 13.5 new)
13 SECTION 13.5. PRE-TRIAL MEDICAL PEER REVIEW
14     (a) Notwithstanding any other provision of this
15 Constitution, the General Assembly may provide by law for the
16 pre-trial medical peer review of all medical malpractice
17 actions, as defined by law, filed in Illinois. The review is
18 non-binding, but any determination made as a result of the
19 review is admissible at trial.
20     (b) This Section applies without regard to whether the
21 claim or cause of action arises under or is derived from common
22 law, a statute, or other law, including any claim or cause of
23 action based or sounding in tort, contract, or any other theory
24 or any combination of theories of liability.
25     (c) This Section applies to any law enacted by the General
26 Assembly on, before, or after the effective date of this
27 Section.
28     (d) This Section and laws implementing this Section shall
29 not be construed to be in conflict with the judicial power
30 vested in the courts under Section 1 of Article VI or to
31 violate the doctrine of separation of powers.
 
32
SCHEDULE

 

 

HC0013 - 2 - LRB094 09333 LCB 39574 e

1     This Constitutional Amendment takes effect upon being
2 declared adopted in accordance with Section 7 of the Illinois
3 Constitutional Amendment Act.