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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0035 Introduced 1/12/2023, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
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740 ILCS 180/1 | from Ch. 70, par. 1 |
| Amends the Wrongful Death Act. Allows for the recovery of punitive damages in a wrongful death action.
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| | A BILL FOR |
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| | HB0035 | | LRB103 03554 LNS 48560 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Wrongful Death Act is amended by changing |
| 5 | | Section 1 as follows:
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| 6 | | (740 ILCS 180/1) (from Ch. 70, par. 1)
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| 7 | | (Text of Section WITHOUT the changes made by P.A. 89-7, |
| 8 | | which has been held
unconstitutional)
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| 9 | | Sec. 1.
Whenever the death of a person shall be caused
by |
| 10 | | wrongful act, neglect or default, and the act, neglect or |
| 11 | | default is
such as would, if death had not ensued, have |
| 12 | | entitled the party injured to
maintain an action and recover |
| 13 | | damages, including punitive damages, in respect thereof, then |
| 14 | | and in
every such case the person who or company or corporation |
| 15 | | which would have
been liable if death had not ensued, shall be |
| 16 | | liable to an action for
damages, including punitive damages, |
| 17 | | notwithstanding the death of the person injured, and although |
| 18 | | the
death shall have been caused under such circumstances as |
| 19 | | amount in law to
felony.
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| 20 | | (Source: Laws 1853, p. 97.)
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