Full Text of SB0884 99th General Assembly
SB0884sam001 99TH GENERAL ASSEMBLY | Sen. Christine Radogno Filed: 5/22/2015
| | 09900SB0884sam001 | | LRB099 05484 RJF 36009 a |
|
| 1 | | AMENDMENT TO SENATE BILL 884
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 884 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 2-101, 2-102, 2-103, 2-1107.1, and 2-1117 and | 6 | | by adding Sections 2-110 and 2-1205.2 as follows:
| 7 | | (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
| 8 | | Sec. 2-101. Generally. Except as otherwise provided in this | 9 | | Act, every action must be
commenced (1) in the county of | 10 | | residence of any defendant who is joined
in good faith and with | 11 | | probable cause for the purpose of obtaining a
judgment against | 12 | | him or her and not solely for the purpose of fixing venue in
| 13 | | that county, or (2) in the county in which the transaction or | 14 | | some part
thereof occurred out of which the cause of action | 15 | | arose.
| 16 | | If a check, draft, money order, or other instrument for the |
| | | 09900SB0884sam001 | - 2 - | LRB099 05484 RJF 36009 a |
|
| 1 | | payment of
child support payable to or delivered to the State | 2 | | Disbursement Unit
established under Section 10-26 of the | 3 | | Illinois Public Aid Code is returned by
the bank or depository | 4 | | for any reason, venue for the enforcement of any
criminal | 5 | | proceedings or civil cause of action for recovery and attorney | 6 | | fees
shall be in the county where the principal office of the | 7 | | State Disbursement
Unit is located.
| 8 | | If all defendants are nonresidents of the State, an action | 9 | | may be
commenced in any county.
| 10 | | If the corporate limits of a city, village or town extend | 11 | | into more
than one county, then the venue of an action or | 12 | | proceeding
instituted by that
municipality to enforce any fine, | 13 | | imprisonment, penalty or forfeiture
for violation of any | 14 | | ordinance of that municipality,
regardless of the county in | 15 | | which the violation was committed or occurred, may
be in the | 16 | | appropriate court (i) in the county
wherein the office of the | 17 | | clerk of the municipality is located
or (ii) in any county
in | 18 | | which at least 35% of the territory within the municipality's | 19 | | corporate
limits is located.
| 20 | | The changes made by this amendatory Act of the 99th General | 21 | | Assembly apply to actions filed on or after its effective date. | 22 | | (Source: P.A. 91-212, eff. 7-20-99.)
| 23 | | (735 ILCS 5/2-102) (from Ch. 110, par. 2-102)
| 24 | | Sec. 2-102.
Residence of corporations, voluntary | 25 | | unincorporated associations
and partnerships defined.
For |
| | | 09900SB0884sam001 | - 3 - | LRB099 05484 RJF 36009 a |
|
| 1 | | purposes of venue, the following definitions apply:
| 2 | | (a) Any private corporation or railroad or bridge company, | 3 | | organized
under the laws of this State, and any foreign | 4 | | corporation authorized to
transact business in this State is a | 5 | | resident of any county in which it
has its registered office or | 6 | | other office or , if on due inquiry no office can be found in | 7 | | this State, any county in which it is doing business. A
foreign | 8 | | corporation not authorized to transact business in this State | 9 | | is
a nonresident of this State.
| 10 | | (b) A partnership sued in its firm name is a resident of | 11 | | any county
in which any partner resides or in which the | 12 | | partnership has an office
or , if on due inquiry no office can | 13 | | be found in this State, any county in which it is doing | 14 | | business. A partnership sued in its firm name, of which all
| 15 | | partners are nonresidents of this State and which does not have | 16 | | an
office or do business in this State, is a nonresident of | 17 | | this State.
| 18 | | (c) A voluntary unincorporated association sued in its own | 19 | | name is a
resident of any county in which the association has | 20 | | an office or, if on
due inquiry no office can be found, in | 21 | | which any officer of the association
resides. A voluntary | 22 | | unincorporated association sued in its own name, of
which all | 23 | | its members are nonresidents of this State and which does not
| 24 | | have an office or do business
in this State, is a nonresident | 25 | | of this State.
| 26 | | The changes made by this amendatory Act of the 99th General |
| | | 09900SB0884sam001 | - 4 - | LRB099 05484 RJF 36009 a |
|
| 1 | | Assembly apply to actions filed on or after its effective date. | 2 | | (Source: P.A. 83-901.)
| 3 | | (735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
| 4 | | Sec. 2-103.
Public corporations - Local actions - Libel | 5 | | Libel - Insurance
companies .
| 6 | | (a) Actions must be brought against a public, municipal,
| 7 | | governmental or quasi-municipal corporation in the county in | 8 | | which its
principal office is located or in the county in which | 9 | | the transaction or
some part thereof occurred out of which the | 10 | | cause of action arose.
Except as otherwise provided in Section | 11 | | 7-102 of this Code, if the cause of
action is
related to an | 12 | | airport owned by a unit of local government or the property or
| 13 | | aircraft
operations thereof, however, including an action | 14 | | challenging the
constitutionality of
this amendatory
Act of the | 15 | | 93rd General Assembly, the action must be brought in the county | 16 | | in
which the
unit of local government's principal office is | 17 | | located.
Actions to recover damage to real estate
which may be | 18 | | overflowed or otherwise damaged by reason of any act of the
| 19 | | corporation may be brought in the county where the real estate | 20 | | or some
part of it is situated, or in the county where the | 21 | | corporation is
located, at the option of the party claiming to | 22 | | be injured.
Except as otherwise provided in Section 7-102 of | 23 | | this Code, any cause of
action
that is related to an airport | 24 | | owned by a unit of local government, and that is
pending on or | 25 | | after the effective date of
this amendatory Act of the 93rd |
| | | 09900SB0884sam001 | - 5 - | LRB099 05484 RJF 36009 a |
|
| 1 | | General Assembly in a county other than the
county in which the
| 2 | | unit of local government's principal office is located, shall | 3 | | be transferred,
upon motion of any
party under Section 2-106 of | 4 | | this Code, to the county in which the unit of
local | 5 | | government's
principal office is located.
| 6 | | (b) Any action to quiet title to real estate, or to | 7 | | partition or
recover possession thereof or to foreclose a | 8 | | mortgage or other lien
thereon, must be brought in the county | 9 | | in which the real estate or some
part of it is situated.
| 10 | | (c) Any action which is made local by any statute must be | 11 | | brought in
the county designated in the statute.
| 12 | | (d) Every action against any owner, publisher, editor, | 13 | | author or
printer of a newspaper or magazine of general | 14 | | circulation for libel
contained in that newspaper or magazine | 15 | | may be commenced only in the
county in which the defendant | 16 | | resides or has his, her or its principal office
or in which the | 17 | | article was composed or printed, except when the
defendant | 18 | | resides or the article was printed without this State, in
| 19 | | either of which cases the action may be commenced in any county | 20 | | in which
the libel was circulated or published.
| 21 | | (e) (Blank). Actions against any insurance company | 22 | | incorporated under the law
of this State or doing business in | 23 | | this State may also be brought in any
county in which the | 24 | | plaintiff or one of the plaintiffs may reside.
| 25 | | (f) The changes made by this amendatory Act of the 99th | 26 | | General Assembly apply to actions filed on or after its |
| | | 09900SB0884sam001 | - 6 - | LRB099 05484 RJF 36009 a |
|
| 1 | | effective date. | 2 | | (Source: P.A. 93-450, eff. 8-6-03.)
| 3 | | (735 ILCS 5/2-110 new) | 4 | | Sec. 2-110. Motion to dismiss for inconvenient venue. | 5 | | (a) In any action in which none of the parties is a | 6 | | resident of this State and over which another forum has | 7 | | jurisdiction, the court shall on motion dismiss the action on | 8 | | the conditions set forth in subsection (b) unless the cause of | 9 | | action primarily arose in this State or the interests of | 10 | | justice require that the action proceed in this State. The | 11 | | court in its discretion may award costs and reasonable | 12 | | attorney's fees in connection with the dismissal. | 13 | | (b) Dismissal of the action shall be on condition that: (i) | 14 | | if the plaintiff elects to file the action in another forum | 15 | | within 6 months after the dismissal order, the defendant shall | 16 | | accept service of process from that court; and (ii) if the | 17 | | statute of limitations has run in the other forum, the | 18 | | defendant shall waive that defense. If the defendant refuses to | 19 | | abide by these conditions, the action shall be reinstated for | 20 | | further proceedings in the court in which the dismissal was | 21 | | granted. If the court in the other forum refuses to accept | 22 | | jurisdiction, the plaintiff may, within 30 days after the final | 23 | | order refusing jurisdiction, reinstate the action in the court | 24 | | in which the dismissal was granted. | 25 | | (c) The changes made by this amendatory Act of the 99th |
| | | 09900SB0884sam001 | - 7 - | LRB099 05484 RJF 36009 a |
|
| 1 | | General Assembly apply to actions filed on or after its | 2 | | effective date.
| 3 | | (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
| 4 | | (Text of Section WITHOUT the changes made by P.A. 89-7, | 5 | | which has been held
unconstitutional)
| 6 | | Sec. 2-1107.1. Jury instruction in tort actions. In all | 7 | | actions
on account of bodily injury or death or physical damage | 8 | | to
property based on
negligence, or product liability based on | 9 | | strict tort liability, the court
shall instruct the jury in | 10 | | writing that (a) the defendant shall be found not liable
if the | 11 | | jury finds that the contributory fault of the plaintiff is more
| 12 | | than 50% of the proximate cause of the injury or damage for | 13 | | which recovery is
sought and (b) if the defendant is found | 14 | | liable, (i) the defendant is jointly and severally liable for | 15 | | the plaintiff's past and future medical and medically related | 16 | | expenses regardless of the fault attributed to the defendant | 17 | | and (ii) the defendant is jointly and severally liable for the | 18 | | plaintiff's other damages if the jury finds that the fault of | 19 | | the defendant is 50% or more of the proximate cause .
| 20 | | The changes to this Section made by this amendatory Act of | 21 | | the 99th General Assembly apply to causes of action filed on or | 22 | | after its effective date. | 23 | | (Source: P.A. 84-1431.)
|
| | | 09900SB0884sam001 | - 8 - | LRB099 05484 RJF 36009 a |
|
| 1 | | (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
| 2 | | Sec. 2-1117. Joint liability. Except as provided in Section | 3 | | 2-1118,
in actions on account of bodily injury or death or | 4 | | physical damage to
property, based on negligence, or product | 5 | | liability based on strict tort
liability, all defendants found | 6 | | liable are jointly and
severally liable for plaintiff's past | 7 | | and future medical and medically
related expenses. Any | 8 | | defendant whose fault, as determined by the
trier of fact, is | 9 | | less than 50% 25% of the total fault of all tortfeasors, | 10 | | including but not limited to the plaintiff's employer, | 11 | | nonparties, entities that have settled, or any other person | 12 | | that the trier of fact finds was at fault and a proximate cause | 13 | | of the injury or damage for which recovery is sought by | 14 | | attributable to the
plaintiff, the defendants sued by the | 15 | | plaintiff, and any third party
defendant except the plaintiff's | 16 | | employer, shall be severally
liable for all other damages. Any | 17 | | defendant whose fault, as
determined by the trier of fact, is | 18 | | 50% 25% or greater of the total fault
of all tortfeasors, | 19 | | including but not limited to plaintiff's employer, nonparties, | 20 | | entities that have settled, or any other person that the trier | 21 | | of fact finds was at fault and a proximate cause of the injury | 22 | | or damage for which recovery is sought by the plaintiff | 23 | | attributable to the plaintiff, the defendants sued by the | 24 | | plaintiff, and
any third party defendants except the | 25 | | plaintiff's employer , shall
be jointly and severally liable for | 26 | | all other damages.
|
| | | 09900SB0884sam001 | - 9 - | LRB099 05484 RJF 36009 a |
|
| 1 | | The changes to this Section made by this amendatory Act of | 2 | | the 99th General Assembly apply to causes of action filed on or | 3 | | after its effective date. | 4 | | (Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
| 5 | | (735 ILCS 5/2-1205.2 new) | 6 | | Sec. 2-1205.2. Actions on account of bodily injury or death | 7 | | in which recovery is sought for the reasonable expense of | 8 | | necessary medical care, treatment, or services. In actions on | 9 | | account of bodily injury or death in which recovery is sought | 10 | | for the reasonable expense of necessary medical care, | 11 | | treatment, or services, including but not limited to medical, | 12 | | hospital, nursing, or caretaking expenses, the amount | 13 | | recovered shall be not more than the amount actually paid or | 14 | | the amount expected to be actually paid for such expenses, | 15 | | regardless of the amount initially billed for such expenses. | 16 | | The court may hear evidence of the amount actually paid or the | 17 | | amount expected to be paid for such services. | 18 | | Section 95. No acceleration or delay. Where this Act makes | 19 | | changes in a statute that is represented in this Act by text | 20 | | that is not yet or no longer in effect (for example, a Section | 21 | | represented by multiple versions), the use of that text does | 22 | | not accelerate or delay the taking effect of (i) the changes | 23 | | made by this Act or (ii) provisions derived from any other | 24 | | Public Act.
|
| | | 09900SB0884sam001 | - 10 - | LRB099 05484 RJF 36009 a |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
|
|