102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3552
 
Introduced 2/22/2021, by Rep. Tim Butler
 
SYNOPSIS AS INTRODUCED:
 

 



735 ILCS 5/2-2101

     Amends the Code of Civil Procedure. Makes a technical change in a Section concerning product liability.
  


LRB102 14537 LNS 19890 b

 
 
A BILL FOR
 

  
HB3552LRB102 14537 LNS 19890 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended  by 
5changing Section 2-2101 as follows:
 



6    (735 ILCS 5/2-2101)



7    (This Section was added by P.A. 89-7, which has been held 
8unconstitutional)

9    Sec. 2-2101. Definitions. For purposes of this Part the, 
10the terms listed
have
the following meanings:

11    "Clear and convincing evidence" means that measure or 
12degree of proof that
will produce in the mind of the trier of 
13fact a high degree of certainty as to
the truth of the 
14allegations sought to be established.
This evidence requires
a 
15greater degree of persuasion than is necessary to meet the 
16preponderance of
the evidence standard.

17    "Harm" means (i) damage to property other than the product 
18itself; (ii)
personal physical injury, illness, or death; 
19(iii) mental anguish or emotional
harm to
the extent 
20recognized by applicable law; (iv) any loss of consortium or

21services; or (v) other loss deriving from any type of harm 
22described in item
(i), (ii), (iii), or (iv).

23    "Manufacturer" means (i) any person who is engaged in a 
 
 
HB3552- 2 -LRB102 14537 LNS 19890 b

1business to design or
formulate and to produce, create, make, 
2or construct any product or component
part of a product; (ii) a 
3product seller with respect to all component parts of
a 
4product or a component part of a product that is created or 
5affected when,
before placing the product in the stream of 
6commerce, the product seller
designs
or formulates and 
7produces, creates, makes, or constructs an aspect of a
product 
8or a component part of a product made by another; or (iii) any 
9product
seller not described in (ii) that holds itself out as a 
10manufacturer to the
user of the product.

11    "Product liability action" means a civil action brought on 
12any theory against
a manufacturer or product seller for harm 
13caused by a product.

14    "Product seller" means a person who, in the course of a 
15business conducted
for that purpose, sells, distributes, 
16leases, installs, prepares, blends,
packages, labels, markets, 
17repairs, maintains, or otherwise is involved in
placing a 
18product in the stream of commerce.

19(Source: P.A. 89-7, eff. 3-9-95.)