103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0015

Introduced , by Rep. Bradley Fritts

SYNOPSIS AS INTRODUCED:
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 of all the members elected to each house to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted.
LRB103 32279 LNS 61558 e

HC0015LRB103 32279 LNS 61558 e
1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption
8of this resolution a proposition to add Section 13.5 to
9Article IV of the Illinois Constitution as follows:
10
ARTICLE IV
11
THE LEGISLATURE
12 (ILCON Art. IV Sec. 13.5 new)
13SECTION 13.5. LIMITATION ON LIABILITY FOR NON-ECONOMIC DAMAGES
14 (a) In this Section, "economic damages" means compensatory
15damages for any pecuniary loss or damage. The term does not
16include any loss or damage for past, present, and future
17physical pain and suffering, mental anguish and suffering,
18loss of consortium, loss of companionship and society,
19disfigurement, or physical impairment.
20 (b) Notwithstanding any other provision of this
21Constitution, the General Assembly may determine by statute
22the limit of liability for all damages and losses other than
23economic damages of a provider of medical or health care with

HC0015- 2 -LRB103 32279 LNS 61558 e
1respect to treatment, lack of treatment, or other claimed
2departure from an accepted standard of medical or health care
3or safety that is or is claimed to be a cause of or that
4contributes or is claimed to contribute to the disease,
5injury, or death of a person. This subsection (b) applies
6without regard to whether the claim or cause of action arises
7under or is derived from common law, a statute, or other law,
8including any claim or cause of action based or sounding in
9tort, contract, or any other theory or any combination of
10theories of liability. The claim or cause of action includes a
11medical or health care liability claim as defined by the
12General Assembly.
13 (c) This Section applies to any law enacted by the General
14Assembly on or after the effective date of this amendment to
15the Constitution.
16 (d) A legislative exercise of authority under subsection
17(b) of this Section requires a majority vote of all the members
18elected to each house and must include language citing this
19Section.
20
SCHEDULE
21 This Constitutional Amendment takes effect upon being
22declared adopted in accordance with Section 7 of the Illinois
23Constitutional Amendment Act.