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IL SB1439

Bill

Status

Failed

1/13/2021

Primary Sponsor

Jil Tracy

Click for details

Origin

Senate

101st General Assembly

AI Summary

  • Prohibits juries from considering defendant's wrongdoing, misconduct, guilt, wealth, or financial resources when determining noneconomic damages (pain and suffering awards).

  • Requires bifurcated trials in cases involving punitive damages if requested by any defendant, with the first stage determining liability and compensatory damages, and the second stage determining punitive damages eligibility.

  • Mandates trial courts perform rigorous post-trial review of noneconomic damage awards challenged as excessive, considering factors such as inflamed passion/prejudice, improper consideration of defendant's wealth or misconduct, and comparison to verdicts for comparable injuries.

  • Requires appellate courts to use de novo standard of review when considering appeals of noneconomic damages awards on grounds of excessiveness.

  • Applies to actions filed on or after the bill's effective date, which is upon becoming law.

Legislative Description

FULL FAIR NONECONOMIC DAMAGE

Last Action

Session Sine Die

1/13/2021

Committee Referrals

Assignments3/22/2019
Tort Reform3/5/2019
Judiciary2/20/2019
Assignments2/13/2019

Full Bill Text

No bill text available