SB1399 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1399

 

Introduced 2/6/2013, 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. Replaces the provisions of the Section concerning actions for damages for personal injury based on childhood sexual abuse with language providing that an action for damages based on childhood sexual abuse may be commenced at any time. Provides that the changes made by the amendatory Act apply to actions pending on the effective date of the Act and to actions commenced on or after that date.


LRB098 10033 HEP 40192 b

 

 

A BILL FOR

 

SB1399LRB098 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) (Blank) Notwithstanding any other provision of law, an
15action for damages for personal injury based on childhood
16sexual abuse 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 injury
21was caused by the childhood sexual abuse. The fact that the
22person 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 causal
4relationship between any later-discovered injury and the
5abuse.
6    (c) (Blank) If the injury is caused by 2 or more acts of
7childhood sexual abuse that are part of a continuing series of
8acts of childhood sexual abuse by the same abuser, then the
9discovery period under subsection (b) shall be computed from
10the date the person abused discovers or through the use of
11reasonable diligence should discover both (i) that the last act
12of childhood 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 abused
15discovers or through the use of reasonable diligence should
16discover that the last act of childhood sexual abuse in the
17continuing series occurred is not, by itself, sufficient to
18start the discovery period under subsection (b). Knowledge of
19the abuse does not constitute discovery of the injury or the
20causal relationship between any later-discovered injury and
21the abuse.
22    (d) (Blank) The limitation periods under subsection (b) do
23not begin 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) (Blank) The limitation periods in subsection (b) do
3not run during a time period when the person abused is subject
4to threats, intimidation, manipulation, or fraud perpetrated
5by the abuser or by any person acting in the interest of the
6abuser.
7    (e) (Blank) 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 Act
12of 1993. The changes made by this amendatory Act of the 93rd
13General Assembly apply to actions pending on the effective date
14of this amendatory Act of the 93rd General Assembly as well as
15actions commenced on or after that date. The changes made by
16this amendatory Act of the 96th General Assembly apply to
17actions commenced on or after the effective date of this
18amendatory Act of the 96th General Assembly if the action would
19not have been time barred under any statute of limitations or
20statute of repose prior to the effective date of this
21amendatory Act of the 96th General Assembly.
22    (f) An action for damages based on childhood sexual abuse
23may be commenced at any time.
24    (g) The changes made by this amendatory Act of the 98th
25General Assembly apply to actions pending on the effective date
26of this amendatory Act of the 98th General Assembly and to

 

 

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1actions commenced on or after that date.
2(Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11;
397-1150, eff. 1-25-13.)