Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0234 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0234 Introduced 1/31/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: New Act Creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact-finder may not consider: (i) evidence of a defendant's alleged wrongdoing, misconduct, or guilt; (ii) evidence of the defendant's wealth or financial resources; or (iii) any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court posttrial review of noneconomic damage awards pursuant to specified nonexclusive factors. Includes legislative findings, definitions, and applicability language. Effective immediately. LRB103 24948 LNS 51282 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0234 Introduced 1/31/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: New Act New Act Creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact-finder may not consider: (i) evidence of a defendant's alleged wrongdoing, misconduct, or guilt; (ii) evidence of the defendant's wealth or financial resources; or (iii) any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court posttrial review of noneconomic damage awards pursuant to specified nonexclusive factors. Includes legislative findings, definitions, and applicability language. Effective immediately. LRB103 24948 LNS 51282 b LRB103 24948 LNS 51282 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0234 Introduced 1/31/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact-finder may not consider: (i) evidence of a defendant's alleged wrongdoing, misconduct, or guilt; (ii) evidence of the defendant's wealth or financial resources; or (iii) any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court posttrial review of noneconomic damage awards pursuant to specified nonexclusive factors. Includes legislative findings, definitions, and applicability language. Effective immediately.
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Full
15	15	5 and Fair Noneconomic Damages Act.
16	16	6 Section 5. Findings.
17	17	7 (a) The purpose of this Act is to ensure that individuals
18	18	8 receive full and fair compensatory damages, including damages
19	19	9 for pain and suffering.
20	20	10 (b) Pain and suffering awards are intended to provide an
21	21	11 injured person with compensation for the pain and suffering
22	22	12 resulting from the injury at issue in a particular lawsuit.
23	23	13 (c) Punitive damages are intended to punish a defendant
24	24	14 for wrongful conduct. Punitive damages are subject to certain
25	25	15 statutory requirements, must be based on the appropriate
26	26	16 evidence, and must be in accordance with the constitutional
27	27	17 jurisprudence of the Supreme Court of the United States.
28	28	18 (d) Pain and suffering awards are distinct from punitive
29	29	19 damages. Pain and suffering awards are intended to compensate
30	30	20 a person for the person's loss. They are not intended to punish
31	31	21 a defendant for wrongful conduct.
32	32	22 (e) For that reason, evidence that juries may consider in
33	33	23 awarding pain and suffering damages is different from evidence
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0234 Introduced 1/31/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact-finder may not consider: (i) evidence of a defendant's alleged wrongdoing, misconduct, or guilt; (ii) evidence of the defendant's wealth or financial resources; or (iii) any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court posttrial review of noneconomic damage awards pursuant to specified nonexclusive factors. Includes legislative findings, definitions, and applicability language. Effective immediately.
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68	68	1 courts may consider for punitive damages. For example, the
69	69	2 amount of a plaintiff's pain and suffering is not relevant to a
70	70	3 decision on wrongdoing, and the degree of the defendant's
71	71	4 wrongdoing is not relevant to the amount of pain and
72	72	5 suffering.
73	73	6 (f) The size of noneconomic damage awards, which includes
74	74	7 pain and suffering, has increased dramatically in recent
75	75	8 years. While pain and suffering awards are inherently
76	76	9 subjective, the General Assembly believes that this inflation
77	77	10 of noneconomic damages is partially due to the improper
78	78	11 consideration of evidence of wrongdoing in assessing pain and
79	79	12 suffering damages.
80	80	13 (g) Inflated damage awards create an improper resolution
81	81	14 of civil justice claims. The increased and improper costs of
82	82	15 litigation and resulting rise in insurance premiums are passed
83	83	16 on to the public through higher prices for products and
84	84	17 services. Therefore, courts should provide juries with clear
85	85	18 instructions about the purpose of pain and suffering damages.
86	86	19 Courts should instruct juries that evidence of misconduct is
87	87	20 not to be considered in deciding compensation for noneconomic
88	88	21 damages. Rather, it is to be considered solely for the purpose
89	89	22 of deciding punitive damage awards.
90	90	23 (h) In each case in which an award for punitive damages is
91	91	24 requested, the defendant should have the right to request
92	92	25 bifurcation of a trial to ensure that evidence of misconduct
93	93	26 is not inappropriately considered by the jury in its
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104	104	1 determination of liability and compensatory damages.
105	105	2 (i) As an additional protection, trial and appellate
106	106	3 courts should rigorously review pain and suffering awards to
107	107	4 ensure that they properly serve compensatory purposes and are
108	108	5 not excessive.
109	109	6 Section 10. Definitions. As used in this Act:
110	110	7 "Exemplary damages" means damages awarded as a penalty or
111	111	8 by way of punishment but not for compensatory purposes.
112	112	9 "Exemplary damages" are neither economic nor noneconomic
113	113	10 damages. "Exemplary damages" includes punitive damages.
114	114	11 "Noneconomic damages" means damages, recoverable in a tort
115	115	12 action, that are awarded for the purpose of compensating a
116	116	13 claimant for physical pain and suffering, mental or emotional
117	117	14 pain or anguish, loss of consortium, disfigurement, physical
118	118	15 impairment, loss of companionship and society, inconvenience,
119	119	16 loss of enjoyment of life, and all other nonpecuniary losses
120	120	17 other than exemplary or punitive damages.
121	121	18 "Pain and suffering" means the type of noneconomic damages
122	122	19 that cover actual physical pain and suffering that is the
123	123	20 proximate result of a physical injury sustained by a person.
124	124	21 Section 15. Noneconomic damages; determination. In
125	125	22 determining noneconomic damages, the finder of fact may not
126	126	23 consider:
127	127	24 (1) evidence of a defendant's alleged wrongdoing,
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138	138	1 misconduct, or guilt;
139	139	2 (2) evidence of a defendant's wealth or financial
140	140	3 resources; or
141	141	4 (3) any other evidence that is offered for the purpose
142	142	5 of punishing a defendant, rather than offered for a
143	143	6 compensatory purpose.
144	144	7 Section 20. Procedure for trial of compensatory and
145	145	8 punitive damages.
146	146	9 (a) All actions involving punitive damages tried before a
147	147	10 jury shall, if requested by any defendant, be conducted in a
148	148	11 bifurcated trial before the same jury.
149	149	12 (b) In the first stage of a bifurcated trial, the jury
150	150	13 shall determine liability for compensatory damages and the
151	151	14 amount of compensatory damages or nominal damages. Evidence
152	152	15 relevant only to the issues of punitive damages is not
153	153	16 admissible in this stage.
154	154	17 (c) Punitive damages may be awarded only if compensatory
155	155	18 damages have been awarded in the first stage of the trial. An
156	156	19 award of nominal damages cannot support an award of punitive
157	157	20 damages.
158	158	21 (d) In the second stage of a bifurcated trial, the jury
159	159	22 shall determine whether a defendant is liable for punitive
160	160	23 damages.
161	161	24 Section 25. Review of noneconomic damage awards.
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172	172	1 (a) Upon a posttrial motion, a trial court shall perform a
173	173	2 rigorous analysis of the evidence supporting a noneconomic
174	174	3 damages award challenged as excessive. The court shall
175	175	4 consider in its analysis the following nonexclusive factors:
176	176	5 (1) Whether the evidence presented or the arguments of
177	177	6 counsel resulted in one or more of the following events in
178	178	7 the determination of a noneconomic damage award:
179	179	8 (A) It inflamed the passion or prejudice of the
180	180	9 trier of fact.
181	181	10 (B) It resulted in the improper consideration of
182	182	11 the wealth of the defendant.
183	183	12 (C) It resulted in the improper consideration of
184	184	13 the misconduct of the defendant so as to punish the
185	185	14 defendant in circumvention of statutory or
186	186	15 constitutional standards applicable to punitive damage
187	187	16 awards.
188	188	17 (2) Whether the verdict is in excess of verdicts
189	189	18 involving comparable injuries to similarly situated
190	190	19 plaintiffs.
191	191	20 (3) Whether there were any extraordinary circumstances
192	192	21 in the record to account for an award in excess of what was
193	193	22 granted by courts to similarly situated plaintiffs, with
194	194	23 consideration to the injury type, the severity of the
195	195	24 injury, and the plaintiff's age.
196	196	25 (b) A trial court upholding a noneconomic damages award
197	197	26 challenged as excessive shall set forth in writing its reasons
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208	208	1 for upholding the award.
209	209	2 (c) A reviewing court shall use a de novo standard of
210	210	3 review when considering an appeal of a noneconomic damages
211	211	4 award on the grounds of excessiveness.
212	212	5 Section 30. Applicability. This Act applies to actions
213	213	6 filed on or after its effective date.
214	214	7 Section 99. Effective date. This Act takes effect upon
215	215	8 becoming law.
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