HB3313 104TH GENERAL ASSEMBLY

LRB104 08899 JRC 18954 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3313

Introduced 2/18/2025, by Rep. Rick Ryan

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1003

from Ch. 110, par. 2-1003

Amends the Code of Civil Procedure. Provides that in any action seeking damages for personal injury against an operator of a motor vehicle, no discovery may be taken by the plaintiff if the total damages sought is equal to or less than the amount of minimum liability insurance required by the Illinois Vehicle Code. Provides that in such cases, each party must disclose to all other parties all documents each party intends to introduce into evidence at trial. Provides that the changes made by the amendatory Act apply to actions commenced or pending on or after the effective date of the amendatory Act.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-1003 as follows:

(735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)

Sec. 2-1003. Discovery and depositions.

(a) Discovery, such as admissions of fact and of genuineness of documents, physical and mental examinations of parties and other persons, the taking of any depositions, and interrogatories, shall be in accordance with rules.

(b) (Blank).

(c) (Blank).

(d) Whenever the defendant in any litigation in this State has the right to demand a physical or mental examination of the plaintiff pursuant to statute or Supreme Court Rule, relative to the occurrence and extent of injuries or damages for which claim is made, or in connection with the plaintiff's capacity to exercise any right plaintiff has, or would have but for a finding based upon such examination, the plaintiff has the right to have his or her attorney, or such other person as the plaintiff may wish, present at such physical or mental examination. The plaintiff also has the right to designate an additional person to be present and video record the examination. The changes to this Section by this amendatory Act of the 103rd General Assembly apply to actions commenced or pending on or after the effective date of this amendatory Act of the 103rd General Assembly.

(e) No person or organization shall be required to furnish claims, loss or risk management information held or provided by an insurer, which information is described in Section 143.10a of the "Illinois Insurance Code".

(f) In any action seeking damages for personal injury alleging negligence against an operator of a motor vehicle, no discovery may be taken by the plaintiff if the total damages sought is equal to or less than the amount of minimum liability insurance required by Section 7-203 of the Illinois Vehicle Code. In such cases, each party must disclose to all other parties all documents a party intends to introduce into evidence at trial. The changes to this Section by this amendatory Act of the 104th General Assembly apply to actions commenced or pending on or after the effective date of this amendatory Act of the 104th General Assembly.

(Source: P.A. 103-388, eff. 7-28-23.)