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.




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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 
 
 
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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.