Sen. Terry Link

Filed: 3/14/2019

 

 


 

 


 
10100SB1868sam001LRB101 10914 LNS 57851 a

1
AMENDMENT TO SENATE BILL 1868

2    AMENDMENT NO. ______. Amend Senate Bill 1868 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Findings. Credible reports from around the
5world, including this State, have indicated instances of repeat
6childhood sexual abuse have occurred at the hands of clergymen.
7These reports have also indicated efforts may have been taken
8to conceal the identities and conduct of the individuals
9responsible for the sexual abuse. The General Assembly finds
10that victims of such conduct should be afforded a remedy to the
11fullest extent available under the law.
 
12    Section 5. The Code of Civil Procedure is amended by
13changing Section 13-202.2 as follows:
 
14    (735 ILCS 5/13-202.2)  (from Ch. 110, par. 13-202.2)
15    Sec. 13-202.2. Childhood sexual abuse.

 

 

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1    (a) In this Section:
2    "Childhood sexual abuse" means an act of sexual abuse that
3occurs when the person abused is under 18 years of age.
4    "Sexual abuse" includes but is not limited to sexual
5conduct and sexual penetration as defined in Section 11-0.1 of
6the Criminal Code of 2012.
7    (b) Notwithstanding any other provision of law, an action
8for damages for personal injury based on childhood sexual abuse
9must be commenced within 20 years of the date the limitation
10period begins to run under subsection (d) or within 20 years of
11the date the person abused discovers or through the use of
12reasonable diligence should discover both (i) that the act of
13childhood sexual abuse occurred and (ii) that the injury was
14caused by the childhood sexual abuse. The fact that the person
15abused discovers or through the use of reasonable diligence
16should discover that the act of childhood sexual abuse occurred
17is not, by itself, sufficient to start the discovery period
18under this subsection (b). Knowledge of the abuse does not
19constitute discovery of the injury or the causal relationship
20between any later-discovered injury and the abuse.
21    (c) If the injury is caused by 2 or more acts of childhood
22sexual abuse that are part of a continuing series of acts of
23childhood sexual abuse by the same abuser, then the discovery
24period under subsection (b) shall be computed from the date the
25person abused discovers or through the use of reasonable
26diligence should discover both (i) that the last act of

 

 

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1childhood sexual abuse in the continuing series occurred and
2(ii) that the injury was caused by any act of childhood sexual
3abuse in the continuing series. The fact that the person abused
4discovers or through the use of reasonable diligence should
5discover that the last act of childhood sexual abuse in the
6continuing series occurred is not, by itself, sufficient to
7start the discovery period under subsection (b). Knowledge of
8the abuse does not constitute discovery of the injury or the
9causal relationship between any later-discovered injury and
10the abuse.
11    (d) The limitation periods under subsection (b) do not
12begin to run before the person abused attains the age of 18
13years; and, if at the time the person abused attains the age of
1418 years he or she is under other legal disability, the
15limitation periods under subsection (b) do not begin to run
16until the removal of the disability.
17    (d-1) The limitation periods in subsection (b) do not run
18during a time period when the person abused is subject to
19threats, intimidation, manipulation, fraudulent concealment,
20or fraud perpetrated by the abuser or by any person acting in
21the interest of the abuser.
22    (e) This Section applies to actions pending on the
23effective date of this amendatory Act of 1990 as well as to
24actions commenced on or after that date. The changes made by
25this amendatory Act of 1993 shall apply only to actions
26commenced on or after the effective date of this amendatory Act

 

 

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1of 1993. The changes made by this amendatory Act of the 93rd
2General Assembly apply to actions pending on the effective date
3of this amendatory Act of the 93rd General Assembly as well as
4actions commenced on or after that date. The changes made by
5this amendatory Act of the 96th General Assembly apply to
6actions commenced on or after the effective date of this
7amendatory Act of the 96th General Assembly if the action would
8not have been time barred under any statute of limitations or
9statute of repose prior to the effective date of this
10amendatory Act of the 96th General Assembly.
11    (f) Notwithstanding any other provision of law, an action
12for damages based on childhood sexual abuse may be commenced at
13any time; provided, however, that the changes made by this
14amendatory Act of the 98th General Assembly apply to actions
15commenced on or after the effective date of this amendatory Act
16of the 98th General Assembly if the action would not have been
17time barred under any statute of limitations or statute of
18repose prior to the effective date of this amendatory Act of
19the 98th General Assembly.
20(Source: P.A. 97-1150, eff. 1-25-13; 98-276, eff. 1-1-14.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".