Illinois 95th Regular Session Status: Enacted 1 D cosponsors

HB 1798 — WRONGFUL DEATH-GRIEF DAMAGES

Last action — Public Act . . . . . . . . . 95-0003

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 23, 2007. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Wrongful Death Act. Provides that the jury may award damages for grief, sorrow, and mental suffering to the surviving spouse and next of kin of the deceased. Provides that any amount reduced from a contributorily negligent beneficiary's share of damages shall be distributed to the other beneficiaries in proportion to their respective degrees of dependency. Deletes language regarding limitations on the amount of damages. Applies to causes of action accruing on or after the effective date of the amendatory Act. Effective immediately.

Bill Text

What changed in the latest version

5 added · 5 removed

Plain-language change summary

The updated version of Bill HB 1798 replaced the "Engrossed" label with the "Enrolled" label in several lines of the document. This change signifies that the bill has completed the legislative process and is now in the final form ready for signing into law, rather than being just a draft or proposal. This matters because it indicates that the bill is one step closer to becoming effective and implementing its intended changes.

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HB1798 Engrossed LRB095 08371 AJO 28544 b AN ACT concerning civil law.
HB1798 Enrolled LRB095 08371 AJO 28544 b AN ACT concerning civil law.
In no event shall the judgment entered upon such verdict exceed $20,000 where such death occurred prior to July 14, 1955, and not exceeding $25,000 where such death HB1798 Engrossed - 2 - LRB095 08371 AJO 28544 b occurred on or after July 14, 1955 and prior to July 8, 1957, and not exceeding $30,000 where such death occurs on or after July 8, 1957 and prior to the effective date of this amendatory Act of 1967, and without limitation where such death occurs on or after the effective date of this amendatory Act of 1967.
In no event shall the judgment entered upon such verdict exceed $20,000 where such death occurred prior to July 14, 1955, and not exceeding $25,000 where such death HB1798 Enrolled - 2 - LRB095 08371 AJO 28544 b occurred on or after July 14, 1955 and prior to July 8, 1957, and not exceeding $30,000 where such death occurs on or after July 8, 1957 and prior to the effective date of this amendatory Act of 1967, and without limitation where such death occurs on or after the effective date of this amendatory Act of 1967.
(c) to the personal representatives, as such, for the costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney’s HB1798 Engrossed - 3 - LRB095 08371 AJO 28544 b fee.
(c) to the personal representatives, as such, for the costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney’s HB1798 Enrolled - 3 - LRB095 08371 AJO 28544 b fee.
The trier of fact shall first determine the decedent’s HB1798 Engrossed - 4 - LRB095 08371 AJO 28544 b contributory fault in accordance with Sections 2-1116 and 2-1107.1 of the Code of Civil Procedure.
The trier of fact shall first determine the decedent’s HB1798 Enrolled - 4 - LRB095 08371 AJO 28544 b contributory fault in accordance with Sections 2-1116 and 2-1107.1 of the Code of Civil Procedure.
The trial judge shall calculate the amount of damages to be awarded each beneficiary, taking into account any reduction arising HB1798 Engrossed - 5 - LRB095 08371 AJO 28544 b from either the decedent’s or the beneficiary’s contributory fault.
The trial judge shall calculate the amount of damages to be awarded each beneficiary, taking into account any reduction arising HB1798 Enrolled - 5 - LRB095 08371 AJO 28544 b from either the decedent’s or the beneficiary’s contributory fault.
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Action History

  1. Public Act . . . . . . . . . 95-0003

  2. Effective Date May 31, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 031-023-000

  7. Verified

  8. Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins

  9. Placed on Calendar Order of 3rd Reading May 17, 2007

  10. Second Reading

  11. Placed on Calendar Order of 2nd Reading May 16, 2007

  12. Do Pass Judiciary Civil Law; 006-004-000

  13. Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford

  14. Assigned to Judiciary Civil Law

  15. Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez

  16. Added as Alternate Chief Co-Sponsor Sen. Martin A. Sandoval

  17. Referred to Rules

  18. First Reading

  19. Chief Senate Sponsor Sen. Kwame Raoul

  20. Placed on Calendar Order of First Reading

  21. Arrive in Senate

  22. Verified

  23. Third Reading - Short Debate - Passed 063-052-000

  24. Added Co-Sponsor Rep. Eddie Washington

  25. Added Co-Sponsor Rep. Cynthia Soto

  26. Added Co-Sponsor Rep. Maria Antonia Berrios

  27. Added Co-Sponsor Rep. Susana A Mendoza

  28. Placed on Calendar Order of 3rd Reading - Short Debate

  29. Second Reading - Short Debate

  30. Added Co-Sponsor Rep. Elga L. Jefferies

  31. House Floor Amendment No. 1 Fiscal Note Filed as Amended

  32. House Floor Amendment No. 1 Judicial Note Filed as Amended

  33. House Floor Amendment No. 1 State Mandates Fiscal Note Filed as Amended

  34. House Floor Amendment No. 1 Judicial Note Requested as Amended by Rep. William B. Black

  35. House Floor Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. William B. Black

  36. House Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. William B. Black

  37. Held on Calendar Order of Second Reading - Short Debate

  38. House Floor Amendment No. 1 Adopted by Voice Vote

  39. Second Reading - Short Debate

  40. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000

  41. Added Co-Sponsor Rep. Linda Chapa LaVia

  42. Added Co-Sponsor Rep. Richard T. Bradley

  43. Added Co-Sponsor Rep. Kevin Joyce

  44. Added Chief Co-Sponsor Rep. Kevin A. McCarthy

  45. Added Chief Co-Sponsor Rep. Greg Harris

  46. Added Chief Co-Sponsor Rep. John A. Fritchey

  47. Added Chief Co-Sponsor Rep. Mary E. Flowers

  48. Chief Sponsor Changed to Rep. James D. Brosnahan

  49. House Floor Amendment No. 1 Referred to Rules Committee

  50. House Floor Amendment No. 1 Filed with Clerk by Rep. James D. Brosnahan

  51. State Mandates Fiscal Note Filed

  52. Fiscal Note Filed

  53. Judicial Note Filed

  54. Judicial Note Requested by Rep. Brent Hassert

  55. State Mandates Fiscal Note Requested by Rep. Brent Hassert

  56. Fiscal Note Requested by Rep. Brent Hassert

  57. Placed on Calendar 2nd Reading - Short Debate

  58. Do Pass / Short Debate Judiciary I - Civil Law Committee; 008-006-000

  59. Assigned to Judiciary I - Civil Law Committee

  60. Referred to Rules Committee

  61. First Reading

  62. Filed with the Clerk by Rep. John A. Fritchey

Sponsors

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on · 5 voted No

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 31 Yea · 23 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 242104
Democrat 7101
Republican 0100
Total 312305
% of votes cast 53%39%0%8%
How each member voted (59)
Member Party Vote
Link — Yea
Meeks — Yea
Noland — Yea
Schoenberg — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Crotty — Yea
DeLeo — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Demuzio — Yea
Brady — Nay
Lauzen — Nay
Jacobs — Nay
Watson — Nay
Jones, J. — Nay
Luechtefeld — Nay
Sullivan — Not Voting
Munoz — Not Voting
Millner — Nay
Radogno — Nay
Sieben — Nay
Trotter — Not Voting
Cronin — Nay
Dahl — Nay
Dillard — Nay
Forby — Not Voting
Hultgren — Nay
Kotowski — Yea
Pankau — Nay
Peterson — Nay
Raoul — Yea
Righter — Nay
Risinger — Nay
Ronen — Yea
Rutherford — Nay
Sandoval — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Nay
Martinez — Yea
Bomke — Nay
Bond — Yea
Burzynski — Nay
Clayborne — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Third Reading

Passed 63 Yea · 52 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 544902
Democrat 8001
Republican 1300
Total 635203
% of votes cast 53%44%0%3%
How each member voted (118)
Member Party Vote
Granberg — Yea
Jakobsson — Yea
Jefferies — Yea
Nekritz — Yea
Jefferson — Yea
Lang — Yea
Lindner — Yea
Mautino — Yea
McCarthy — Yea
Reitz — Yea
Mendoza — Yea
Lyons — Yea
Molaro — Yea
Phelps — Yea
Scully — Yea
Soto — Yea
McGuire — Yea
Turner — Yea
Verschoore — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Washington — Yea
Yarbrough — Yea
Younge — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Howard — Yea
Colvin — Yea
Currie — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Davis, Monique — Yea
Madigan — Yea
McAuliffe — Nay
Meyer — Nay
Moffitt — Nay
Munson — Nay
Myers — Nay
Patterson — Not Voting
Pihos — Nay
Brady — Nay
Mitchell, Bill — Nay
Schock — Nay
Mitchell, Jerry — Nay
Sullivan — Nay
Sommer — Nay
Tryon — Nay
Wait — Nay
Winters — Nay
Watson — Nay
Burke — Not Voting
Coladipietro — Nay
Cole — Nay
Coulson — Nay
Cross — Nay
Cultra — Nay
D'Amico — Yea
Dunn — Nay
Eddy — Nay
Fortner — Nay
Froehlich — Nay
Hassert — Nay
Holbrook — Nay
Kosel — Nay
Osmond — Nay
Osterman — Yea
Poe — Nay
Pritchard — Nay
Ramey — Nay
Reboletti — Nay
Reis — Nay
Riley — Yea
Ryg — Yea
Sacia — Nay
Saviano — Nay
Schmitz — Nay
Krause — Nay
Leitch — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Nay
Beaubien — Nay
Beiser — Nay
Mathias — Nay
Bellock — Nay
Berrios — Yea
Biggins — Nay
Black — Nay
Boland — Yea
May — Yea
Bost — Nay
Brauer — Nay
Brosnahan — Yea
Mulligan — Nay
Golar — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Not Voting
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea
Jil Tracy Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1798 do?
Amends the Wrongful Death Act. Provides that the jury may award damages for grief, sorrow, and mental suffering to the surviving spouse and next of kin of the deceased. Provides that any amount reduced from a contributorily negligent beneficiary's share of damages shall be distributed to the other beneficiaries in proportion to their respective degrees of dependency. Deletes language regarding limitations on the amount of damages. Applies to causes of action accruing on or after the effective date of the amendatory Act. Effective immediately.
Who sponsors HB 1798?
HB 1798 is sponsored by James D. Brosnahan and Kimberly A. Lightford (Democrat).
What is the current status of HB 1798?
This bill has been enacted into law. Introduced February 23, 2007. Enacted.
Where can I track HB 1798?
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