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90_HB1750
740 ILCS 180/1 from Ch. 70, par. 1
Amends the Wrongful Death Act. Permits a civil action to
enjoin a health care professional or other person from aiding
a suicide. Permits certain relatives and heirs of a person
who committed suicide or attempted suicide to obtain
compensatory or punitive damages from a health care
professional or other person who assisted in the suicide or
attempted suicide. Effective immediately.
LRB9004623DJcdA
LRB9004623DJcdA
1 AN ACT to amend the Wrongful Death Act by changing
2 Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wrongful Death Act is amended by
6 changing Section 1 as follows:
7 (740 ILCS 180/1) (from Ch. 70, par. 1)
8 Sec. 1. Cause of action.
9 (a) Whenever the death of a person shall be caused by
10 wrongful act, neglect or default, and the act, neglect or
11 default is such as would, if death had not ensued, have
12 entitled the party injured to maintain an action and recover
13 damages in respect thereof, then and in every such case the
14 person who or company or corporation which would have been
15 liable if death had not ensued, shall be liable to an action
16 for damages, notwithstanding the death of the person injured,
17 and although the death shall have been caused under such
18 circumstances as amount in law to felony. No action may be
19 brought under this Act if the decedent had brought a cause of
20 action with respect to the same underlying incident or
21 occurrence which was settled or on which judgment was
22 rendered.
23 This amendatory Act of 1995 applies to causes of action
24 accruing on or after its effective date.
25 (b) For the purposes of subsections (b) through (g):
26 (1) "Attempts to commit suicide" means any act done
27 with the intent to commit suicide and which constitutes
28 a substantial step toward commission of suicide.
29 (2) "Licensed health care professional" means a
30 physician licensed to practice medicine in all of its
31 branches under the Medical Practice Act of 1987, a
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1 podiatric physician licensed under the Podiatric Medical
2 Practice Act of 1987, a physician assistant licensed
3 under the Physician Assistant Practice Act of 1987, a
4 registered nurse or practical nurse licensed under the
5 Illinois Nursing Act of 1987, a dentist licensed under
6 the Illinois Dental Practice Act, or a pharmacist
7 licensed under the Pharmacy Practice Act of 1987.
8 (3) "Suicide" means the act or instance of taking
9 one's own life voluntarily and intentionally.
10 (c) A person commits inducement to commit suicide when
11 he or she does either of the following:
12 (1) Coerces another to commit suicide and the other
13 person commits or attempts to commit suicide as a direct
14 result of the coercion, and he or she exercises
15 substantial control over the other person through (i)
16 control of the other person's physical location or
17 circumstances; (ii) use of psychological pressure; or
18 (iii) use of actual or ostensible religious, political,
19 social, philosophical, or other principles.
20 (2) With knowledge that another person intends to
21 commit or attempt to commit suicide, intentionally (i)
22 offers and provides the physical means by which the other
23 person commits or attempts to commit suicide or (ii)
24 participates in a physical act by which the other person
25 commits or attempts to commit suicide.
26 (d) The lawful compliance or a good-faith attempt at
27 lawful compliance with the Illinois Living Will Act, the
28 Health Care Surrogate Act, or the Powers of Attorney for
29 Health Care Law is not inducement to commit suicide under
30 paragraph (2) of subsection (c).
31 (e) A licensed health care professional who administers,
32 prescribes, or dispenses medications or procedures to relieve
33 another person's pain or discomfort, even if the medication
34 or procedure may hasten or increase the risk of death, does
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1 not commit inducement to commit suicide under paragraph (2)
2 of subsection (c) unless the medications or procedures are
3 knowingly administered, prescribed, or dispensed to cause
4 death.
5 (f) A cause of action for injunctive relief may be
6 maintained against any person who is reasonably believed to
7 be about to violate or who is in the course of violating
8 subsection (c) by any person who is:
9 (1) The spouse, parent, child, or sibling of the
10 person who would commit suicide.
11 (2) Entitled to inherit from the person who would
12 commit suicide.
13 (3) A provider of health care to the person who
14 would commit suicide.
15 (4) The Attorney General or the State's Attorney of
16 the county in which the violation is believed to be about
17 to occur or in which the violation is occurring.
18 (g) A person entitled to obtain injunctive relief under
19 subsection (f), other than the Attorney General or State's
20 Attorney, may seek compensatory or punitive damages in a
21 civil action brought against a licensed health care
22 professional or other individual who violates or attempts to
23 violate subsection (c) of this Section, whether or not the
24 person bringing the civil action consented or had prior
25 knowledge of the violation. If the person prevails in the
26 civil action, he or she shall be awarded reasonable
27 attorney's fees.
28 (Source: P.A. 89-7, eff. 3-9-95.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.