Illinois 95th Regular Session Status: Passed Senate

SB 738 — CIV PRO-DEATH OF PARTY

Last action — Session Sine Die

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

This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Code of Civil Procedure. Provides that when a person dies before an action is filed against him or her, a court may appoint a special representative for that decedent, against whom an action may be brought without opening an estate. Deletes a provision requiring notice to heirs or legatees as the court directs, and provides instead that the plaintiff must notify all known heirs or legatees of the decedent by U.S. mail. Provides that any interested person may be substituted as the special representative for good cause shown. Provides that proceeding under this provision shall not bar the estate from filing counterclaims. Deletes a provision limiting recovery to proceeds of any liability insurance available to the estate. Provides that these changes apply to actions commenced or pending on or after the effective date of this amendatory Act. Effective immediately.

Bill Text

Action History

  1. Session Sine Die

  2. Rule 2-10 Third Reading Deadline Established As January 13, 2009

  3. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  4. Rule 2-10 Third Reading Deadline Established As December 31, 2007

  5. Rule 2-10 Third Reading Deadline Established As May 31, 2007

  6. Added as Co-Sponsor Sen. John J. Cullerton

  7. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  8. Placed on Calendar Order of 3rd Reading March 13, 2007

  9. Second Reading

  10. Placed on Calendar Order of 2nd Reading March 2, 2007

  11. Do Pass Judiciary Civil Law; 010-000-000

  12. Assigned to Judiciary Civil Law

  13. Referred to Rules

  14. First Reading

  15. Filed with Secretary by Sen. Randall M. Hultgren

Sponsors

  • Randall M. Hultgren · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Randall M. Hultgren

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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

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 SB 738 do?
Amends the Code of Civil Procedure. Provides that when a person dies before an action is filed against him or her, a court may appoint a special representative for that decedent, against whom an action may be brought without opening an estate. Deletes a provision requiring notice to heirs or legatees as the court directs, and provides instead that the plaintiff must notify all known heirs or legatees of the decedent by U.S. mail. Provides that any interested person may be substituted as the special representative for good cause shown. Provides that proceeding under this provision shall not bar the estate from filing counterclaims. Deletes a provision limiting recovery to proceeds of any liability insurance available to the estate. Provides that these changes apply to actions commenced or pending on or after the effective date of this amendatory Act. Effective immediately.
Who sponsors SB 738?
SB 738 is sponsored by Randall M. Hultgren.
What is the current status of SB 738?
This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 738?
Track SB 738 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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