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HB 3358

INS CD-SECONDARY SOURCES

104th Regular Session Introduced by Anthony DeLuca

HB 3358 adds 215 ILCS 5/2.3, stating that secondary sources (treatises, textbooks, scholarly works) are not law or persuasive authority and cannot create or alter rights.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 3358

Summary — HB 3358 (INS CD — Secondary Sources)

Status: Rule 19(a) / Re‑referred to Rules Committee (Bill introduced Feb 18–26, 2025). Most recent recorded Senate action: Read first time (5/13/2025); referred to Criminal Justice.
Statute affected: Adds 215 ILCS 5/2.3 (new). Effective date: upon becoming law.

Purpose

HB 3358 clarifies the legal status and permissible use of secondary sources in Illinois insurance law. It declares that secondary sources (e.g., legal treatises, scholarly publications, textbooks, or other explanatory texts) do not constitute the law or public policy of Illinois and limits when they may be treated as persuasive authority.

Key provisions

  • Adds a new Section 2.3 to the Illinois Insurance Code (215 ILCS 5/2.3).
  • Defines “secondary source on insurance” to include legal treatises, scholarly publications, textbooks, and other explanatory texts.
  • Provides that a secondary source:
    • Does not constitute the law or public policy of the State.
    • Is not persuasive authority if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy.
    • Is not persuasive authority if it conflicts with any of the following:
    • The United States Constitution or the Illinois Constitution;
    • State law (statutes);
    • Illinois case law precedent; or
    • Other common law adopted by Illinois.
  • Effective immediately upon enactment.

Who is affected

  • Courts and judges: clarifies limits on citing secondary literature as persuasive authority in insurance matters.
  • Attorneys and litigants (insurers and policyholders): affects litigation strategy and the persuasive value of treatises and scholarly commentary in insurance disputes.
  • Legal scholars and publishers: reduces the potential for secondary works to be treated as creating or modifying legal rights or remedies.
  • Regulators and insurers: guidance on reliance on secondary sources when interpreting insurance statutes, regulations, and obligations.

Practical impact and considerations

  • The bill does not change primary sources of law (constitutions, statutes, case law) but restricts the legal weight given to secondary materials in insurance litigation and interpretation.
  • Secondary sources may still be used for background, context, or explanatory purposes, but the statute expressly limits their persuasive effect where they conflict with binding authority or attempt to create/substantively change rights or remedies.
  • Courts retain discretion to rely on binding authority; this statute seeks to prevent secondary sources from being treated as equivalent to those authorities.

Legislative timeline highlights

  • Introduced by Rep. Anthony DeLuca (Feb 18–26, 2025).
  • Referred to Rules Committee; assigned to Judiciary — Civil and then Criminal Jurisprudence/Criminal Justice committees.
  • Passed the House (reported engrossed; recorded votes) and was received by the Senate (May 9–13, 2025) and referred to committee.

Compiled from official sources — confirm details with the bill’s official record.

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