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Full Text of sb1399  98th General Assembly

SB1399enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB1399 EnrolledLRB098 10033 HEP 40192 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 13-202.2 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 abuse
16must be commenced within 20 years of the date the limitation
17period begins to run under subsection (d) or within 20 years of
18the date the person abused discovers or through the use of
19reasonable diligence should discover both (i) that the act of
20childhood sexual abuse occurred and (ii) that the injury was
21caused by the childhood sexual abuse. The fact that the person
22abused discovers or through the use of reasonable diligence
23should discover that the act of childhood sexual abuse occurred

 

 

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1is not, by itself, sufficient to start the discovery period
2under this subsection (b). Knowledge of the abuse does not
3constitute discovery of the injury or the causal relationship
4between any later-discovered injury and the abuse.
5    (c) If the injury is caused by 2 or more acts of childhood
6sexual abuse that are part of a continuing series of acts of
7childhood sexual abuse by the same abuser, then the discovery
8period under subsection (b) shall be computed from the date the
9person abused discovers or through the use of reasonable
10diligence should discover both (i) that the last act of
11childhood sexual abuse in the continuing series occurred and
12(ii) that the injury was caused by any act of childhood sexual
13abuse in the continuing series. The fact that the person abused
14discovers or through the use of reasonable diligence should
15discover that the last act of childhood sexual abuse in the
16continuing series occurred is not, by itself, sufficient to
17start the discovery period under subsection (b). Knowledge of
18the abuse does not constitute discovery of the injury or the
19causal relationship between any later-discovered injury and
20the abuse.
21    (d) The limitation periods under subsection (b) do not
22begin to run before the person abused attains the age of 18
23years; and, if at the time the person abused attains the age of
2418 years he or she is under other legal disability, the
25limitation periods under subsection (b) do not begin to run
26until the removal of the disability.

 

 

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1    (d-1) The limitation periods in subsection (b) do not run
2during a time period when the person abused is subject to
3threats, intimidation, manipulation, or fraud perpetrated by
4the abuser or by any person acting in the interest of the
5abuser.
6    (e) This Section applies to actions pending on the
7effective date of this amendatory Act of 1990 as well as to
8actions commenced on or after that date. The changes made by
9this amendatory Act of 1993 shall apply only to actions
10commenced on or after the effective date of this amendatory Act
11of 1993. The changes made by this amendatory Act of the 93rd
12General Assembly apply to actions pending on the effective date
13of this amendatory Act of the 93rd General Assembly as well as
14actions commenced on or after that date. The changes made by
15this amendatory Act of the 96th General Assembly apply to
16actions commenced on or after the effective date of this
17amendatory Act of the 96th General Assembly if the action would
18not have been time barred under any statute of limitations or
19statute of repose prior to the effective date of this
20amendatory Act of the 96th General Assembly.
21    (f) Notwithstanding any other provision of law, an action
22for damages based on childhood sexual abuse may be commenced at
23any time; provided, however, that the changes made by this
24amendatory Act of the 98th General Assembly apply to actions
25commenced on or after the effective date of this amendatory Act
26of the 98th General Assembly if the action would not have been

 

 

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1time barred under any statute of limitations or statute of
2repose prior to the effective date of this amendatory Act of
3the 98th General Assembly.
4(Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11;
597-1150, eff. 1-25-13.)