HB5512sam002 98TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 5/27/2014

 

 


 

 


 
09800HB5512sam002LRB098 17969 HEP 60291 a

1
AMENDMENT TO HOUSE BILL 5512

2    AMENDMENT NO. ______. Amend House Bill 5512 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Sections 13-211, 13-212, and 13-214.3 as follows:
 
6    (735 ILCS 5/13-211)  (from Ch. 110, par. 13-211)
7    Sec. 13-211. Minors and persons under legal disability.
8    (a) If the person entitled to bring an action, specified in
9Sections 13-201 through 13-210 of this Code Act, at the time
10the cause of action accrued, is under the age of 18 years, or
11is under a legal disability, then he or she may bring the
12action within 2 years after the person attains the age of 18
13years, or the disability is removed.
14    (b) If the person entitled to bring an action specified
15under Sections 13-201 through 13-210 of this Code is not under
16a legal disability at the time the cause of action accrues, but

 

 

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1becomes under a legal disability as a result of something other
2than or unrelated to the original cause of action, before the
3period of limitations otherwise runs, the period of limitations
4is stayed until the disability is removed. This subsection (b)
5does not invalidate any statute of repose provisions contained
6in Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3,
713-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of
8this Code. In no event shall the period of limitations for a
9cause of action under Section 13-205 or 13-206 of this Code be
10stayed in excess of 10 years from the date of the adjudication
11of legal disability. This subsection (b) applies to actions
12commenced or pending on or after the effective date of this
13amendatory Act of the 98th General Assembly.
14(Source: P.A. 85-18; 85-907; 86-1329.)
 
15    (735 ILCS 5/13-212)  (from Ch. 110, par. 13-212)
16    Sec. 13-212. Physician or hospital.
17    (a) Except as provided in Section 13-215 of this Act, no
18action for damages for injury or death against any physician,
19dentist, registered nurse or hospital duly licensed under the
20laws of this State, whether based upon tort, or breach of
21contract, or otherwise, arising out of patient care shall be
22brought more than 2 years after the date on which the claimant
23knew, or through the use of reasonable diligence should have
24known, or received notice in writing of the existence of the
25injury or death for which damages are sought in the action,

 

 

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1whichever of such date occurs first, but in no event shall such
2action be brought more than 4 years after the date on which
3occurred the act or omission or occurrence alleged in such
4action to have been the cause of such injury or death.
5    (b) Except as provided in Section 13-215 of this Act, no
6action for damages for injury or death against any physician,
7dentist, registered nurse or hospital duly licensed under the
8laws of this State, whether based upon tort, or breach of
9contract, or otherwise, arising out of patient care shall be
10brought more than 8 years after the date on which occurred the
11act or omission or occurrence alleged in such action to have
12been the cause of such injury or death where the person
13entitled to bring the action was, at the time the cause of
14action accrued, under the age of 18 years; provided, however,
15that in no event may the cause of action be brought after the
16person's 22nd birthday. If the person was under the age of 18
17years when the cause of action accrued and, as a result of this
18amendatory Act of 1987, the action is either barred or there
19remains less than 3 years to bring such action, then he or she
20may bring the action within 3 years of July 20, 1987.
21    (c) If the person entitled to bring an action described in
22this Section is, at the time the cause of action accrued, under
23a legal disability other than being under the age of 18 years,
24then the period of limitations does not begin to run until the
25disability is removed.
26    (d) If the person entitled to bring an action described in

 

 

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1this Section is not under a legal disability at the time the
2cause of action accrues, but becomes under a legal disability
3as a result of something other than or unrelated to the
4original cause of action, before the period of limitations
5otherwise runs, the period of limitations is stayed until the
6disability is removed. This subsection (d) does not invalidate
7any statute of repose provisions contained in this Section.
8This subsection (d) applies to actions commenced or pending on
9or after the effective date of this amendatory Act of the 98th
10General Assembly.
11(Source: P.A. 85-18; 85-907; 86-1329.)
 
12    (735 ILCS 5/13-214.3)  (from Ch. 110, par. 13-214.3)
13    (Text of Section WITHOUT the changes made by P.A. 89-7,
14which has been held unconstitutional)
15    Sec. 13-214.3. Attorneys.
16    (a) In this Section: "attorney" includes (i) an individual
17attorney, together with his or her employees who are attorneys,
18(ii) a professional partnership of attorneys, together with its
19employees, partners, and members who are attorneys, and (iii) a
20professional service corporation of attorneys, together with
21its employees, officers, and shareholders who are attorneys;
22and "non-attorney employee" means a person who is not an
23attorney but is employed by an attorney.
24    (b) An action for damages based on tort, contract, or
25otherwise (i) against an attorney arising out of an act or

 

 

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1omission in the performance of professional services or (ii)
2against a non-attorney employee arising out of an act or
3omission in the course of his or her employment by an attorney
4to assist the attorney in performing professional services must
5be commenced within 2 years from the time the person bringing
6the action knew or reasonably should have known of the injury
7for which damages are sought.
8    (c) Except as provided in subsection (d), an action
9described in subsection (b) may not be commenced in any event
10more than 6 years after the date on which the act or omission
11occurred.
12    (d) When the injury caused by the act or omission does not
13occur until the death of the person for whom the professional
14services were rendered, the action may be commenced within 2
15years after the date of the person's death unless letters of
16office are issued or the person's will is admitted to probate
17within that 2 year period, in which case the action must be
18commenced within the time for filing claims against the estate
19or a petition contesting the validity of the will of the
20deceased person, whichever is later, as provided in the Probate
21Act of 1975.
22    (e) If the person entitled to bring the action is under the
23age of majority or under other legal disability at the time the
24cause of action accrues, the period of limitations shall not
25begin to run until majority is attained or the disability is
26removed.

 

 

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1    (f) If the person entitled to bring an action described in
2this Section is not under a legal disability at the time the
3cause of action accrues, but becomes under a legal disability
4as a result of something other than or unrelated to the
5original cause of action, before the period of limitations
6otherwise runs, the period of limitations is stayed until the
7disability is removed. This subsection (f) does not invalidate
8any statute of repose provisions contained in this Section.
9This subsection (f) applies to actions commenced or pending on
10or after the effective date of this amendatory Act of the 98th
11General Assembly.
12    (g) (f) This Section applies to all causes of action
13accruing on or after its effective date.
14(Source: P.A. 86-1371.)".