SB3498 96TH GENERAL ASSEMBLY

LRB096 19819 AJO 35266 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3498

Introduced 2/10/2010, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

735 ILCS 5/13-226 new
735 ILCS 5/13-213 rep.

Amends the Code of Civil Procedure. Prohibits bringing a claim in a civil action if the claim is based, in whole or in part, on an act or omission that occurred more than 15 years before the claim was brought. Contains applicability provisions. Repeals a provision concerning limitations in product liability actions. Effective immediately.

A BILL FOR

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 Section 13-226 as follows:

(735 ILCS 5/13-226 new)

Sec. 13-226. Statute of repose in tort actions.

(a) No claim may be brought against any defendant in any civil action if the claim is based, in whole or in part, on any act or omission that occurred more than 15 years before the claim was brought.

(b) This Section applies to every civil action in any court in this State, whether suit thereon was commenced prior to or after the effective date of this amendatory Act of the 96th General Assembly. Notwithstanding the foregoing, however, this Section does not apply to any civil action in which the trial commenced prior to the effective date of this amendatory Act of the 96th General Assembly. For purposes of the preceding sentence, a jury trial is deemed to have commenced when the jury has been empaneled and a bench trial is deemed to have commenced when opening statements begin.

(735 ILCS 5/13-213 rep.)

Section 10. The Code of Civil Procedure is amended by repealing Section 13-213.

Section 99. Effective date. This Act takes effect upon becoming law.