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| Public Act 099-0587 | ||||
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AN ACT concerning the disclosure of information.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as Molly's Law. | ||||
Section 5. The Wrongful Death Act is amended by changing | ||||
Section 2 as follows:
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(740 ILCS 180/2) (from Ch. 70, par. 2)
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Sec. 2. (a) Every such action shall be brought by and in | ||||
the names of
the personal representatives of such deceased | ||||
person, and, except as
otherwise hereinafter provided, the | ||||
amount recovered in every such
action shall be for the | ||||
exclusive benefit of the surviving spouse and
next of kin of | ||||
such deceased person. In every such action the jury
may give | ||||
such damages as they shall deem a fair and just compensation
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with reference to the pecuniary
injuries resulting from such | ||||
death, including damages for grief, sorrow, and mental | ||||
suffering, to
the surviving spouse and next of kin of such | ||||
deceased person.
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(b) The amount recovered in any such action shall be | ||||
distributed by the
court in which the cause is heard or, in the | ||||
case of an agreed
settlement, by the circuit court, to each of | ||||
the surviving spouse and
next of kin of such deceased person in | ||||
the proportion, as determined by
the court, that the percentage | ||
of dependency of each such person upon
the deceased person | ||
bears to the sum of the percentages of dependency of
all such | ||
persons upon the deceased person.
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(c) Where the deceased person left no surviving spouse or | ||
next of kin
entitled to recovery, the damages shall, subject to | ||
the following
limitations inure, to the exclusive benefit of | ||
the following persons, or
any one or more of them:
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(1) (a) to the person or persons furnishing | ||
hospitalization or hospital
services in connection with | ||
the last illness or injury of the deceased
person, not | ||
exceeding $450;
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(2) (b) to the person or persons furnishing medical or | ||
surgical services
in connection with such last illness or | ||
injury, not exceeding $450;
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(3) (c) to the personal representatives, as such, for | ||
the costs and
expenses of administering the estate and | ||
prosecuting or compromising the
action, including a | ||
reasonable attorney's fee. In any such case the
measure of | ||
damages to be recovered shall be the total of the | ||
reasonable
value of such hospitalization or hospital | ||
service, medical and surgical
services, funeral expenses, | ||
and such costs and expenses of
administration, including | ||
attorney fees, not exceeding the foregoing
limitations for | ||
each class of such expenses and not exceeding $900 plus
a | ||
reasonable attorney's fee.
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(d) Except as otherwise provided in subsection (e) of this | ||
Section, every Every such action shall be commenced within 2 | ||
years after the death
of such person but an action against a | ||
defendant arising from a crime committed
by the defendant in | ||
whose name an escrow account was established under the
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"Criminal Victims' Escrow Account Act" shall be commenced | ||
within 2 years
after the establishment of such account. | ||
(e) An action may be brought within 5 years after the date | ||
of the death if the death is the result of violent intentional | ||
conduct or within one year after the final disposition of the | ||
criminal case if the defendant is charged with: | ||
(1) first degree murder under Section 9-1 of the | ||
Criminal Code of 2012; | ||
(2) intentional homicide of an unborn child under | ||
Section 9-1.2 of the Criminal Code of 2012; | ||
(3) second degree murder under Section 9-2 of the | ||
Criminal Code of 2012; | ||
(4) voluntary manslaughter of an unborn child under | ||
Section 9-2.1 of the Criminal Code of 2012; | ||
(5) involuntary manslaughter or reckless homicide | ||
under Section 9-3 of the Criminal Code of 2012; | ||
(6) involuntary manslaughter or reckless homicide of | ||
an unborn child under Section 9-3.2 of the Criminal Code of | ||
2012; or | ||
(7) drug-induced homicide under Section 9-3.3 of the | ||
Criminal Code of 2012. | ||
This subsection extends the statute of limitations only | ||
against the individual who allegedly committed a violent | ||
intentional act or was the defendant charged with a crime | ||
listed in this subsection. It does not extend the statute of | ||
limitations against any other person or entity. The changes to | ||
this Section made by this amendatory Act of the 99th General | ||
Assembly apply to causes of action arising on or after the | ||
effective date of this amendatory Act of the 99th General | ||
Assembly. | ||
(f) For the purposes of this Section
2, next of kin | ||
includes
an adopting parent and an adopted child, and they | ||
shall be treated as a
natural parent and a natural child, | ||
respectively. However, if a person
entitled to recover benefits | ||
under this Act, is, at the time the cause
of action accrued, | ||
within the age of 18 years, he or she may cause such
action to | ||
be brought within 2 years after attainment of the age of 18.
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(g) In any such action to recover damages, it
shall not be | ||
a defense that the death was caused in whole or in part by
the | ||
contributory negligence of one or more of the beneficiaries on
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behalf of whom the action is brought, but the amount of
damages | ||
given shall
be reduced in the following manner.
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(h) The trier of fact shall first determine the decedent's
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contributory fault in accordance with Sections 2-1116 and | ||
2-1107.1 of the Code
of Civil Procedure. Recovery of damages | ||
shall be barred or diminished
accordingly. The trier of fact | ||
shall then determine the contributory fault, if
any, of each | ||
beneficiary on behalf of whom the action was brought:
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(1) Where the trier of fact finds that the contributory | ||
fault of a
beneficiary on whose behalf the action is | ||
brought is
not more than 50% of the proximate cause of the | ||
wrongful death of the
decedent, then the damages allowed to | ||
that beneficiary shall be
diminished in proportion to the
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contributory fault attributed to that beneficiary. The | ||
amount of the reduction
shall not be
payable by any | ||
defendant.
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(2) Where the trier of fact finds that the contributory | ||
fault of a
beneficiary on whose behalf the action is | ||
brought is
more than 50% of the proximate cause of the | ||
wrongful death of the decedent,
then the beneficiary shall | ||
be barred from recovering damages and the amount of
damages | ||
which would have been payable to that beneficiary, but for | ||
the
beneficiary's contributory fault, shall not inure to | ||
the benefit of the
remaining beneficiaries and shall not be | ||
payable by any defendant.
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(i) The trial judge shall conduct a hearing to determine | ||
the degree of
dependency of each beneficiary upon the decedent. | ||
The trial judge shall
calculate the amount of damages to be | ||
awarded each beneficiary, taking into
account any reduction | ||
arising from either the decedent's or the beneficiary's
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contributory fault.
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(j) This amendatory Act of the 91st General Assembly | ||
applies to all actions
pending
on or filed after the effective | ||
date of this amendatory Act.
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(k) This amendatory Act of the 95th General Assembly | ||
applies to causes of actions accruing on or after its effective | ||
date.
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(Source: P.A. 95-3, eff. 5-31-07.)
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