Illinois Senate Bill 1441 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Partisan Bill (Republican 2-0)
Status: Failed on January 13 2021 - 100% progression
Action: 2021-01-13 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]

Amends the Code of Civil Procedure. Deletes language providing for joint and several liability in actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability. Adds language providing that in such actions in which recovery is predicated upon fault, each defendant found liable is liable for only that percentage of the plaintiff's damages that represents the contributory fault chargeable to that defendant in the comparison of the plaintiff's fault with the fault of all tortfeasors whose fault was a proximate cause of the death, injury, loss, or damage for which recovery is sought. Provides that except when the plaintiff is barred from recovering damages because the plaintiff's contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought, the plaintiff is barred from recovering damages from a defendant in excess of the amount of damages obtained by applying the percentage of contributing fault of that defendant to the amount of the plaintiff's damages. Provides that no defendant is jointly and severally liable for a plaintiff's damages. Amends the Joint Tortfeasor Contribution Act by deleting and repealing certain provisions regarding (i) contribution if the obligation of one or more of the joint tortfeasors is uncollectable and (ii) a plaintiff's right to recover the full amount of his or her judgment from any one or more defendants.

CIV PRO-JOINT SEVERAL LIABLE

Sen. Jil Tracy [R]

Sen. Jason Barickman [R]

Date	Chamber	Action
2021-01-13	Senate	Session Sine Die
2020-01-27	Senate	Added as Co-Sponsor Sen. Jason A. Barickman
2019-03-22	Senate	Rule 3-9(a) / Re-referred to Assignments
2019-03-05	Senate	To Subcommittee on Tort Reform
2019-02-20	Senate	Assigned to Judiciary
2019-02-13	Senate	Referred to Assignments
2019-02-13	Senate	First Reading
2019-02-13	Senate	Filed with Secretary by Sen. Jil Tracy

Chapter	Article	Section	Citation Type	Statute Text
735	5	2-1117	Amended Code	Citation Text
740	100	3	Amended Code	Citation Text
740	100	4	Repealed Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1441&GAID=15&DocTypeID=SB&SessionID=108&GA=101
Text	https://www.ilga.gov/legislation/101/SB/10100SB1441.htm