Illinois 2023-2024 Regular Session

Illinois House Bill HJRCA0015 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0015 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: ILCON Art. IV Sec. 13.5 new Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the General Assembly may determine by statute the limit of liability for all damages and losses other than economic damages of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that is or is claimed to be a cause of or that contributes or is claimed to contribute to the disease, injury, or death of a person. Requires a majority vote of all the members elected to each house to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted. LRB103 32279 LNS 61558 e 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0015 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: ILCON Art. IV Sec. 13.5 new ILCON Art. IV Sec. 13.5 new Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the General Assembly may determine by statute the limit of liability for all damages and losses other than economic damages of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that is or is claimed to be a cause of or that contributes or is claimed to contribute to the disease, injury, or death of a person. Requires a majority vote of all the members elected to each house to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted. LRB103 32279 LNS 61558 e LRB103 32279 LNS 61558 e
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0015 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
3	3	ILCON Art. IV Sec. 13.5 new ILCON Art. IV Sec. 13.5 new
4	4	ILCON Art. IV Sec. 13.5 new
5	5	Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the General Assembly may determine by statute the limit of liability for all damages and losses other than economic damages of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that is or is claimed to be a cause of or that contributes or is claimed to contribute to the disease, injury, or death of a person. Requires a majority vote of all the members elected to each house to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted.
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10	10	1 HOUSE JOINT RESOLUTION
11	11	2 CONSTITUTIONAL AMENDMENT
12	12	3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
13	13	4 HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
14	14	5 SENATE CONCURRING HEREIN, that there shall be submitted to the
15	15	6 electors of the State for adoption or rejection at the general
16	16	7 election next occurring at least 6 months after the adoption
17	17	8 of this resolution a proposition to add Section 13.5 to
18	18	9 Article IV of the Illinois Constitution as follows:
19	19	10 ARTICLE IV
20	20	11 THE LEGISLATURE
21	21	12 (ILCON Art. IV Sec. 13.5 new)
22	22	13 SECTION 13.5. LIMITATION ON LIABILITY FOR NON-ECONOMIC DAMAGES
23	23	14 (a) In this Section, "economic damages" means compensatory
24	24	15 damages for any pecuniary loss or damage. The term does not
25	25	16 include any loss or damage for past, present, and future
26	26	17 physical pain and suffering, mental anguish and suffering,
27	27	18 loss of consortium, loss of companionship and society,
28	28	19 disfigurement, or physical impairment.
29	29	20 (b) Notwithstanding any other provision of this
30	30	21 Constitution, the General Assembly may determine by statute
31	31	22 the limit of liability for all damages and losses other than
32	32	23 economic damages of a provider of medical or health care with
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0015 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
37	37	ILCON Art. IV Sec. 13.5 new ILCON Art. IV Sec. 13.5 new
38	38	ILCON Art. IV Sec. 13.5 new
39	39	Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the General Assembly may determine by statute the limit of liability for all damages and losses other than economic damages of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that is or is claimed to be a cause of or that contributes or is claimed to contribute to the disease, injury, or death of a person. Requires a majority vote of all the members elected to each house to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted.
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48	48	ILCON Art. IV Sec. 13.5 new
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61	61	1 respect to treatment, lack of treatment, or other claimed
62	62	2 departure from an accepted standard of medical or health care
63	63	3 or safety that is or is claimed to be a cause of or that
64	64	4 contributes or is claimed to contribute to the disease,
65	65	5 injury, or death of a person. This subsection (b) applies
66	66	6 without regard to whether the claim or cause of action arises
67	67	7 under or is derived from common law, a statute, or other law,
68	68	8 including any claim or cause of action based or sounding in
69	69	9 tort, contract, or any other theory or any combination of
70	70	10 theories of liability. The claim or cause of action includes a
71	71	11 medical or health care liability claim as defined by the
72	72	12 General Assembly.
73	73	13 (c) This Section applies to any law enacted by the General
74	74	14 Assembly on or after the effective date of this amendment to
75	75	15 the Constitution.
76	76	16 (d) A legislative exercise of authority under subsection
77	77	17 (b) of this Section requires a majority vote of all the members
78	78	18 elected to each house and must include language citing this
79	79	19 Section.
80	80	20 SCHEDULE
81	81	21 This Constitutional Amendment takes effect upon being
82	82	22 declared adopted in accordance with Section 7 of the Illinois
83	83	23 Constitutional Amendment Act.
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