93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0054


 
Introduced 2/9/2004, by Sen. David Luechtefeld - Frank C. Watson - Kirk W. Dillard - John O. Jones
 
SYNOPSIS AS INTRODUCED:
 		












9991 ILCS 5/Art. IV heading
ILCON Art. IV heading




9991 ILCS 5/13.5 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 to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted.


















LRB093 21028 LCB 47042 e

















 


 


A BILL FOR









 











SC0054

LRB093 21028 LCB 47042 e






1

SENATE JOINT RESOLUTION



2

CONSTITUTIONAL AMENDMENT



 

3
    RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL 
4
ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 
5
CONCURRING HEREIN, that there shall be submitted to the 
6
electors of the State for adoption or rejection at the general 
7
election next occurring at least 6 months after the adoption of 
8
this resolution a proposition to add Section 13.5 to Article IV 
9
of the Illinois Constitution as follows:

 

10
    (ILCON Art. IV heading)
11

ARTICLE IV 

12

THE LEGISLATURE



13
    (ILCON Art. IV Sec. 13.5  new)
14
SECTION 13.5. LIMITATION ON LIABILITY FOR NON-ECONOMIC DAMAGES
15
    (a) In this Section "economic damages" means compensatory 
16
damages for any pecuniary loss or damage. The term does not 
17
include any loss or damage for past, present, and future 
18
physical pain and suffering, mental anguish and suffering, loss 
19
of consortium, loss of companionship and society, 
20
disfigurement, or physical impairment.
21
    (b) Notwithstanding any other provision of this 
22
constitution, the General Assembly may determine by statute the 
23
limit of liability for all damages and losses other than 
24
economic damages of a provider of medical or health care with 
25
respect to treatment, lack of treatment, or other claimed 
26
departure from an accepted standard of medical or health care 
27
or safety that is or is claimed to be a cause of or that 
28
contributes or is claimed to contribute to the disease, injury, 
29
or death of a person. This subsection (b) applies without 
30
regard to whether the claim or cause of action arises under or 
31
is derived from common law, a statute, or other law, including 
32
any claim or cause of action based or sounding in tort, 
33
contract, or any other theory or any combination of theories of 
 


 






SC0054
- 2 -
LRB093 21028 LCB 47042 e




1
liability. The claim or cause of action includes a medical or 
2
health care liability claim as defined by the legislature.
3
    (c) This Section applies to any law enacted by the General 
4
Assembly on or after the effective date of this constitutional 
5
amendment.
6
    (d) A legislative exercise of authority under subsection 
7
(b) of this Section requires a majority vote of all the members 
8
elected to each house and must include language citing this 
9
Section.

 

10

SCHEDULE


11
    This Constitutional Amendment takes effect upon being 
12
declared adopted in accordance with Section 7 of the Illinois 
13
Constitutional Amendment Act.