101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3351

 

Introduced 2/14/2020, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/13-214.3  from Ch. 110, par. 13-214.3

    Amends the Code of Civil Procedure. Provides that an attorney malpractice action in which the injury did not occur until the death of the person for whom the professional services were rendered may not be commenced in any event more than 6 years after the date the professional services were performed. Provides, with exceptions, that the changes apply to every cause of action, regardless of the date that the cause of action accrues.


LRB101 19647 LNS 69134 b

 

 

A BILL FOR

 

SB3351LRB101 19647 LNS 69134 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 13-214.3 as follows:
 
6    (735 ILCS 5/13-214.3)  (from Ch. 110, par. 13-214.3)
7    Sec. 13-214.3. Attorneys.
8    (a) In this Section: "attorney" includes (i) an individual
9attorney, together with his or her employees who are attorneys,
10(ii) a professional partnership of attorneys, together with its
11employees, partners, and members who are attorneys, and (iii) a
12professional service corporation of attorneys, together with
13its employees, officers, and shareholders who are attorneys;
14and "non-attorney employee" means a person who is not an
15attorney but is employed by an attorney.
16    (b) An action for damages based on tort, contract, or
17otherwise (i) against an attorney arising out of an act or
18omission in the performance of professional services or (ii)
19against a non-attorney employee arising out of an act or
20omission in the course of his or her employment by an attorney
21to assist the attorney in performing professional services must
22be commenced within 2 years from the time the person bringing
23the action knew or reasonably should have known of the injury

 

 

SB3351- 2 -LRB101 19647 LNS 69134 b

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

 

 

SB3351- 3 -LRB101 19647 LNS 69134 b

1limitations is stayed until the disability is removed. This
2subsection (f) does not invalidate any statute of repose
3provisions contained in this Section. This subsection (f)
4applies to actions commenced or pending on or after January 1,
52015 (the effective date of Public Act 98-1077) this amendatory
6Act of the 98th General Assembly.
7    (g) This Section applies to all causes of action regardless
8of the date that the cause of action accrues, including those
9relating to professional services rendered before accruing on
10or after its effective date. This Section, however, shall not
11bar any cause of action that is timely if filed on the day
12before the effective date of this amendatory Act of the 101st
13General Assembly if such filing is determined to be within a
14reasonable period, not to exceed 6 years, after the effective
15date of this amendatory Act of the 101st General Assembly.
16(Source: P.A. 98-1077, eff. 1-1-15.)