SB1733 95TH GENERAL ASSEMBLY

LRB095 11112 AJO 31445 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1733

Introduced 2/9/2007, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

735 ILCS 5/13-202.2

from Ch. 110, par. 13-202.2

Amends the Code of Civil Procedure. Provides that a victim of childhood sexual abuse has 2 years from the effective date of the amendatory Act to file an action for any claim arising out of childhood sexual abuse, and that the 2-year period applies regardless of when the abuse occurred and regardless of the expiration of any limitation period. States that: it is the intent of the General Assembly that the change to the limitation period is necessary to protect children from sexual abuse and the aftermath of such abuse; the interest in preventing and remedying childhood sexual abuse must prevail over any rights that perpetrators of childhood sexual abuse or those that protect them have in civil courts; and that justice, fairness, and public policy require that the changes should apply retroactively to all actions that have not been adjudicated as time barred. Applies to actions pending on the effective date of the amendatory Act and to those filed on or after that date. Effective January 1, 2008.

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 changing Section 13-202.2 as follows:

(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)

Sec. 13-202.2. Childhood sexual abuse.

(a) In this Section:

"Childhood sexual abuse" means an act of sexual abuse that occurs when the person abused is under 18 years of age.

"Sexual abuse" includes but is not limited to sexual conduct and sexual penetration as defined in Section 12-12 of the Criminal Code of 1961.

(b) Notwithstanding any other provision of law, an action for damages for personal injury based on childhood sexual abuse must be commenced within 10 years of the date the limitation period begins to run under subsection (d) or within 5 years of the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the act of childhood sexual abuse occurred and (ii) that the injury was caused by the childhood sexual abuse. The fact that the person abused discovers or through the use of reasonable diligence should discover that the act of childhood sexual abuse occurred is not, by itself, sufficient to start the discovery period under this subsection (b). Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse.

(c) If the injury is caused by 2 or more acts of childhood sexual abuse that are part of a continuing series of acts of childhood sexual abuse by the same abuser, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the last act of childhood sexual abuse in the continuing series occurred and (ii) that the injury was caused by any act of childhood sexual abuse in the continuing series. The fact that the person abused discovers or through the use of reasonable diligence should discover that the last act of childhood sexual abuse in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b). Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse.

(c-5) Notwithstanding any limitation period contained in this Section, a victim of childhood sexual abuse shall have 2 years from the effective date of this amendatory Act of the 95th General Assembly to file an action for any claim arising out of childhood sexual abuse. This 2-year period shall apply regardless of when the abuse occurred and regardless of the expiration of any limitation period.

(d) The limitation periods under subsection (b) do not begin to run before the person abused attains the age of 18 years; and, if at the time the person abused attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability.

(d-1) The limitation periods in subsection (b) do not run during a time period when the person abused is subject to threats, intimidation, manipulation, or fraud perpetrated by the abuser or by any person acting in the interest of the abuser.

(e) This Section applies to actions pending on the effective date of this amendatory Act of 1990 as well as to actions commenced on or after that date. The changes made by this amendatory Act of 1993 shall apply only to actions commenced on or after the effective date of this amendatory Act of 1993. The changes made by this amendatory Act of the 93rd General Assembly apply to actions pending on the effective date of this amendatory Act of the 93rd General Assembly as well as actions commenced on or after that date.

(f) It is the intent of the General Assembly that this amendatory Act of the 95th General Assembly changing the limitation period is necessary in order to protect children from sexual abuse and the aftermath of such abuse including the inability to recognize the abuse, the injuries of the abuse and the causal connection between the abuse and the injuries. The interest in preventing and remedying childhood sexual abuse is paramount to the General Assembly and the citizens of Illinois and must prevail over any rights that perpetrators of childhood sexual abuse or those that protect them have in civil courts. Having considered and balanced the rights and interests of the victims of childhood sexual abuse as well as the rights and interests of the perpetrators of such abuse and those who protect them, the General Assembly has determined that justice, fairness, and public policy require that this amendatory Act of the 95th General Assembly should be applied retroactively to all cases and actions, except those cases that have been fully and finally adjudicated by the courts, including all appeals, as time barred on or before the effective date of this amendatory Act of the 95th General Assembly.

(g) The changes made by this amendatory Act of the 95th General Assembly apply to actions pending on the effective date of this amendatory Act of the 95th General Assembly as well as actions commenced on or after that date.

(Source: P.A. 93-356, eff. 7-24-03.)

Section 99. Effective date. This Act takes effect January 1, 2008.