Bill Text: IL SB0230 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Code of Civil Procedure. Provides limitations upon a nonexpert's opinion or inference testimony. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pretrial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; and severability. Provides that the new provisions apply to actions commenced on or after the effective date of the amendatory Act and pending actions in which a trial has not been scheduled or in which a trial has been scheduled more than 90 days after the effective date of the amendatory Act. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-01-31 - Referred to Assignments [SB0230 Detail]

Download: Illinois-2023-SB0230-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0230 Introduced 1/31/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
735 ILCS 5/Art. VIII Pt. 30 heading new
735 ILCS 5/8-3001 new
735 ILCS 5/8-3002 new
735 ILCS 5/8-3003 new
735 ILCS 5/8-3004 new
735 ILCS 5/8-3005 new
735 ILCS 5/8-3006 new
735 ILCS 5/8-3007 new
735 ILCS 5/8-3008 new
735 ILCS 5/8-3009 new
735 ILCS 5/8-3010 new
Amends the Code of Civil Procedure. Provides limitations upon a nonexpert's opinion or inference testimony. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pretrial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; and severability. Provides that the new provisions apply to actions commenced on or after the effective date of the amendatory Act and pending actions in which a trial has not been scheduled or in which a trial has been scheduled more than 90 days after the effective date of the amendatory Act. Effective immediately.
LRB103 24944 LNS 51278 b
A BILL FOR
SB0230 LRB103 24944 LNS 51278 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
adding Part 30 to Article VIII as follows:
(735 ILCS 5/Art. VIII Pt. 30 heading new)
Part 30. Expert Testimony
(735 ILCS 5/8-3001 new)
Sec. 8-3001. Opinion testimony by lay witnesses. If the
witness is not testifying as an expert, the testimony of the
witness in the form of opinions or inferences is limited to
those opinions or inferences that are:
(1) rationally based on the perception of the witness;
(2) helpful to a clear understanding of the testimony
of the witness or the determination of a fact in issue; and
(3) not based on scientific, technical, or other
specialized knowledge within the scope of Section 8-3003.
(735 ILCS 5/8-3002 new)
Sec. 8-3002. Testimony by experts. If scientific,
technical, or other specialized knowledge will assist the
trier of fact to understand the evidence or to determine a fact

SB0230 - 2 - LRB103 24944 LNS 51278 b
in issue, a witness qualified as an expert by knowledge,
skill, experience, training, or education may testify in the
form of an opinion or otherwise, if:
(1) the testimony is based upon sufficient facts or
data;
(2) the testimony is the product of reliable
principles and methods; and
(3) the witness has applied the principles and methods
reliably to the facts of the case.
(735 ILCS 5/8-3003 new)
Sec. 8-3003. Bases of expert opinion testimony. The facts
or data in the particular case upon which an expert bases an
opinion or inference may be those perceived by or made known to
the expert at or before the hearing. If facts or data are of a
type reasonably relied upon by experts in the particular field
in forming opinions or inferences upon the subject, the facts
or data need not be admissible in evidence in order for the
opinion or inference to be admitted. Facts or data that are
otherwise inadmissible shall not be disclosed to the jury by
the proponent of the opinion or inference, unless the court
determines that the probative value in assisting the jury to
evaluate the expert's opinion substantially outweighs the
prejudicial effect.
(735 ILCS 5/8-3004 new)

SB0230 - 3 - LRB103 24944 LNS 51278 b
Sec. 8-3004. Bars to expert testimony.
(a) A witness qualified as an expert by knowledge, skill,
experience, training, or education may offer expert testimony
only with respect to a particular field in which the expert is
qualified.
(b) An expert witness may receive a reasonable and
customary fee for the rendering of professional services;
however, the testimony of an expert witness shall not be
admitted if any compensation is contingent on the outcome of a
claim or case with respect to which the testimony is being
offered.
(735 ILCS 5/8-3005 new)
Sec. 8-3005. Mandatory pretrial hearing. If the witness is
testifying as an expert, then upon motion of a party, the court
shall hold a pretrial hearing to determine whether the witness
qualifies as an expert and whether the expert's testimony
satisfies the requirements of Sections 8-3002, 8-3003, and
8-3004. The court shall allow sufficient time for a hearing
and shall rule on the qualifications of the witness to testify
as an expert and whether the testimony satisfies the
requirements of Sections 8-3002, 8-3003, and 8-3004. The
hearing and ruling shall be completed no later than the final
pretrial hearing. The trial court's ruling shall set forth the
findings of fact and conclusions of law upon which the order to
admit or exclude expert evidence is based.

SB0230 - 4 - LRB103 24944 LNS 51278 b
(735 ILCS 5/8-3006 new)
Sec. 8-3006. Mandatory pretrial disclosure of expert
testimony.
(a) Regardless of whether any party elects to request a
pretrial hearing under Section 8-3005, each party shall
disclose to the other parties the identity of any person who
may be used at trial to present expert evidence.
(b) Except as otherwise stipulated or directed by the
court, disclosure under this Section shall, with respect to a
witness who is retained or specially employed to provide
expert testimony in the case or whose duties as an employee of
the party regularly involve giving expert testimony, be
accompanied by a written report prepared and signed by the
witness. The report shall contain a complete statement of:
(1) all opinions to be expressed and the basis and
reasons for each;
(2) the data or other information considered by the
witness in forming the opinions;
(3) any exhibits to be used as a summary of or support
for the opinions;
(4) the qualifications of the witness, including a
list of all publications authored by the witness within
the preceding 10 years;
(5) the compensation to be paid for the study and
testimony; and

SB0230 - 5 - LRB103 24944 LNS 51278 b
(6) a listing of any other cases in which the witness
has testified as an expert at trial or by deposition
within the preceding 4 years.
(c) Disclosures under this Section shall be made at the
times and in the sequence directed by the court. In the absence
of other directions from the court or stipulation by the
parties, the disclosures shall be made at least 90 days before
the trial date or the date the case is to be ready for trial
or, if the evidence is intended solely to contradict or rebut
evidence on the same subject matter identified by another
party under subsection (b), within 30 days after the
disclosure made by the other party.
(d) A party may depose any person who has been identified
as an expert whose opinions may be presented at trial. If a
report from the expert is required under paragraph (b), the
deposition shall not be conducted until after the report is
provided.
(735 ILCS 5/8-3007 new)
Sec. 8-3007. Interpretation. In interpreting and applying
this Part, the courts of this State shall follow the opinions
of the United States Supreme Court in Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric
Co. v. Joiner, 522 U.S. 136 (1997), Kumho Tire Co. Ltd. v.
Carmichael, 526 U.S. 137 (1999), Weisgram v. Marley, 528 U.S.
440 (2000), and their progeny; moreover, the courts of this

SB0230 - 6 - LRB103 24944 LNS 51278 b
State may draw from other precedents applying the standards
announced by the United States Supreme Court in the foregoing
cases and binding in the federal courts of this State.
(735 ILCS 5/8-3008 new)
Sec. 8-3008. Interlocutory appeal. Interlocutory appeal of
a ruling on the admissibility of expert evidence shall be
available at the discretion of the appellate court. In
deciding whether to grant the interlocutory appeal, the court
shall consider whether: (i) the ruling involved any challenge
to the constitutionality of this Part; (ii) the ruling will
help prove or disprove criminal liability; or (iii) the ruling
will help establish civil liability at or above $75,000, where
the testimony could be outcome-determinative for establishing
liability or determining damages. Neither a party's failure to
seek interlocutory appeal nor an appellate court's decision to
deny a motion for interlocutory appeal shall waive a party's
right to appeal a ruling on the admissibility of expert
evidence after an entry of judgment in the case.
(735 ILCS 5/8-3009 new)
Sec. 8-3009. Standard of review.
(a) The proper construction of the expert evidence
admissibility framework under this Part is a question of law;
therefore, the reviewing court shall apply a de novo standard
of review in determining whether the trial court fully applied

SB0230 - 7 - LRB103 24944 LNS 51278 b
the proper legal standard in considering the admissibility of
expert evidence.
(b) The application of this Part to determine the
admissibility of expert testimony is a question of fact;
therefore, the reviewing court shall apply an abuse of
discretion standard in determining whether the trial court
properly admitted or excluded particular expert evidence.
(735 ILCS 5/8-3010 new)
Sec. 8-3010. Application. This Part applies to all actions
commenced on or after the effective date of this amendatory
Act of the 103rd General Assembly and to all pending actions in
which trial has not been scheduled or in which trial has been
scheduled in excess of 90 days after the effective date of this
amendatory Act of the 103rd General Assembly.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.