Bill Text: IL HB4498 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Negligent Testing for Paternity Act. Creates a civil cause of action if an entity negligently performs genetic testing for paternity. Authorizes the aggrieved person to recover actual damages, including, but not limited to, emotional distress. Amends the Code of Civil Procedure. Creates a statute of limitation of two years from the date when the person knew or should have reasonably known of the negligence. Applies to all conduct occurring on or after January 1, 1980. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4498 Detail]

Download: Illinois-2025-HB4498-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4498 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
New Act
735 ILCS 5/13-228 new
Creates the Negligent Testing for Paternity Act. Creates a civil cause of action if an entity negligently performs genetic testing for paternity. Authorizes the aggrieved person to recover actual damages, including, but not limited to, emotional distress. Amends the Code of Civil Procedure. Creates a statute of limitation of two years from the date when the person knew or should have reasonably known of the negligence. Applies to all conduct occurring on or after January 1, 1980. Effective immediately.
LRB104 17484 JRC 30910 b
A BILL FOR
HB4498 LRB104 17484 JRC 30910 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Negligent Testing for Paternity Act.
Section 5. Cause of action.
(a) A civil cause of action is created for negligent
genetic testing for paternity. Any person who was the subject
of negligent genetic testing for paternity that resulted in an
incorrect determination or report regarding biological
paternity may bring an action under this Act against any
person or persons who negligently performed, processed,
handled, analyzed, reported, or interpreted the genetic
paternity testing. A person who is entitled to file an action
under this Act may recover actual damages, to include, but not
be limited to, emotional distress, loss of consortium, loss of
relationship, loss of companionship, loss of parent-child
society, economic losses, reasonable attorney's fees and
costs, including expert witness fees and other litigation
expenses.
(b) In cases in which the defendant's conduct demonstrated
a reckless disregard for the accuracy of genetic testing
results, a punitive damages may be awarded in accordance with

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Illinois law.
Section 10. No immunity for private for-profit paternity
testing laboratories.
(a) If a private for-profit laboratory or testing facility
has a contract with the State to perform genetic testing for
paternity as part of a paternity proceeding by the State, it
may not claim or assert the common law defense of
quasi-judicial immunity in an action against it under this Act
for negligence because it is performing a professional
laboratory service that is not a judicial function.
(b) This Section does not affect the immunity of State
employees or agencies under the State Lawsuit Immunity Act or
the Illinois Local Governmental and Governmental Employees
Tort Immunity Act.
(c) This Section does not affect the ability of private
for-profit laboratories or testing facilities to assert any
immunity defenses that may be applicable in cases that do not
arise under this Act.
Section 95. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the invalidity of that provision or application does not
affect other provisions or applications of this Act that can
be given effect without the invalid provision or application.

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Section 97. Retroactive application. This Act applies to
all conduct occurring on or after January 1, 1980.
Section 900. The Code of Civil Procedure is amended by
adding Section 13-228 as follows:
(735 ILCS 5/13-228 new)
Sec. 13-228. Negligent genetic testing. A person who
pursues an action under the Negligent Testing for Paternity
Act must file an action within 2 years from the date that the
person knew or reasonably should have known of the negligence
or within 2 years of the date the person who was the subject of
any prior incorrect determination of biological paternity
receive any subsequent genetic paternity testing
determinations from an accredited lab that report different
biological paternity between the same person, whichever is
later.
Section 999. Effective date. This Act takes effect upon
becoming law.