103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0153

 

Introduced 1/25/2023, by Sen. Steve McClure

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/13-202.2  from Ch. 110, par. 13-202.2

    Amends the Personal Actions Part of the Limitations Article of the Code of Civil Procedure. Provides that for purposes of making claims against a bankruptcy estate, an action for personal injury brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, may be brought at any time after the cause of action accrues.


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A BILL FOR

 

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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 13-202.2 as follows:
 
6    (735 ILCS 5/13-202.2)  (from Ch. 110, par. 13-202.2)
7    Sec. 13-202.2. Childhood sexual abuse.
8    (a) In this Section:
9    "Childhood sexual abuse" means an act of sexual abuse that
10occurs when the person abused is under 18 years of age.
11    "Sexual abuse" includes but is not limited to sexual
12conduct and sexual penetration as defined in Section 11-0.1 of
13the Criminal Code of 2012.
14    (b) Notwithstanding any other provision of law, an action
15for damages for personal injury based on childhood sexual
16abuse must be commenced within 20 years of the date the
17limitation period begins to run under subsection (d) or within
1820 years of the date the person abused discovers or through the
19use of reasonable diligence should discover both (i) that the
20act of childhood sexual abuse occurred and (ii) that the
21injury was caused by the childhood sexual abuse. The fact that
22the person abused discovers or through the use of reasonable
23diligence should discover that the act of childhood sexual

 

 

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1abuse occurred is not, by itself, sufficient to start the
2discovery period under this subsection (b). Knowledge of the
3abuse does not constitute discovery of the injury or the
4causal relationship between any later-discovered injury and
5the abuse.
6    (c) If the injury is caused by 2 or more acts of childhood
7sexual abuse that are part of a continuing series of acts of
8childhood sexual abuse by the same abuser, then the discovery
9period under subsection (b) shall be computed from the date
10the person abused discovers or through the use of reasonable
11diligence should discover both (i) that the last act of
12childhood sexual abuse in the continuing series occurred and
13(ii) that the injury was caused by any act of childhood sexual
14abuse in the continuing series. The fact that the person
15abused discovers or through the use of reasonable diligence
16should discover that the last act of childhood sexual abuse in
17the continuing series occurred is not, by itself, sufficient
18to start the discovery period under subsection (b). Knowledge
19of the abuse does not constitute discovery of the injury or the
20causal relationship between any later-discovered injury and
21the abuse.
22    (d) The limitation periods under subsection (b) do not
23begin to run before the person abused attains the age of 18
24years; and, if at the time the person abused attains the age of
2518 years he or she is under other legal disability, the
26limitation periods under subsection (b) do not begin to run

 

 

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1until the removal of the disability.
2    (d-1) The limitation periods in subsection (b) do not run
3during a time period when the person abused is subject to
4threats, intimidation, manipulation, fraudulent concealment,
5or fraud perpetrated by the abuser or by any person acting in
6the interest of the abuser.
7    (e) This Section applies to actions pending on the
8effective date of this amendatory Act of 1990 as well as to
9actions commenced on or after that date. The changes made by
10this amendatory Act of 1993 shall apply only to actions
11commenced on or after the effective date of this amendatory
12Act of 1993. The changes made by this amendatory Act of the
1393rd General Assembly apply to actions pending on the
14effective date of this amendatory Act of the 93rd General
15Assembly as well as actions commenced on or after that date.
16The changes made by this amendatory Act of the 96th General
17Assembly apply to actions commenced on or after the effective
18date of this amendatory Act of the 96th General Assembly if the
19action would not have been time barred under any statute of
20limitations or statute of repose prior to the effective date
21of this amendatory Act of the 96th General Assembly.
22    (f) Notwithstanding any other provision of law, an action
23for damages based on childhood sexual abuse may be commenced
24at any time; provided, however, that the changes made by this
25amendatory Act of the 98th General Assembly apply to actions
26commenced on or after the effective date of this amendatory

 

 

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1Act of the 98th General Assembly if the action would not have
2been time barred under any statute of limitations or statute
3of repose prior to the effective date of this amendatory Act of
4the 98th General Assembly.
5    (g) Notwithstanding any other provision of law, for
6purposes of making claims against a bankruptcy estate, an
7action for personal injury brought by a victim of childhood
8sexual abuse based on childhood sexual abuse, or an action
9brought by a victim of childhood sexual abuse asserting any
10claim resulting from childhood sexual abuse, may be brought at
11any time after the cause of action accrues.
12(Source: P.A. 101-435, eff. 8-20-19.)