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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/13-109.1 (735 ILCS 5/13-109.1) Sec. 13-109.1. Payment of taxes with color of title derived from judicial foreclosure. Every person in the actual possession of lands or tenements, under claim and color of title, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law, or a purchaser who acquires title from a mortgagee or a purchaser at a judicial foreclosure sale who received title and took possession pursuant to such a court order, and who for 2 successive years continues in possession, and also, during such time, pays all taxes legally assessed on the lands or tenements, shall be held and adjudged to be the legal owner of the lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, legacy, or descent, before such 2 years have expired, and who continue possession, and continue to pay the taxes as above set forth so as to complete the possession and payment of taxes for the term above set forth, are entitled to the benefit of this Section. The vacation or modification, pursuant to the provisions of Section 2-1401, of an order or judgment entered in the judicial foreclosure does not affect the limitation in this Section. This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1048, eff. 8-23-18.) |
735 ILCS 5/13-110
(735 ILCS 5/13-110) (from Ch. 110, par. 13-110)
Sec. 13-110. Vacant land - Payment of taxes with color of title. Whenever
a person having color of title, made in good faith,
to vacant and unoccupied land, pays all taxes legally assessed
thereon for 7 successive years, he or she shall be deemed and
adjudged to be the legal owner of such vacant and unoccupied land, to
the extent and according to the purport of his or her paper title. All
persons holding under such taxpayer, by purchase, legacy or descent,
before such 7 years expired, and who continue to
pay the taxes, as above set out, so as to complete the payment of taxes for
the term, are entitled to the benefit of this Section.
However, if any person, having a better paper title to such
vacant and unoccupied land, during the term of 7 years,
pays the taxes assessed on such land for any one or more years of the
term of 7 years, then such taxpayer, his or her heirs, legatees or assigns,
shall not be entitled to the benefit of this Section.
(Source: P.A. 98-756, eff. 7-16-14.)
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735 ILCS 5/13-111
(735 ILCS 5/13-111) (from Ch. 110, par. 13-111)
Sec. 13-111.
State and United States.
Sections 13-109 and 13-110
of this Act shall not extend to lands or
tenements owned by the United States or of this State, nor to school and
seminary lands, nor to lands held for the use of religious societies,
nor to lands held for any public purpose. Nor shall they extend to lands
or tenements when there is an adverse title to such lands or
tenements, and the holder of such adverse title is a minor, person under
legal disability,
imprisoned, out of the limits of the United States, and in
the employment of the United States or of this State. Such
person shall commence an action to recover such lands or tenements so
possessed, as above set out, within 3 years after the several
disabilities herein enumerated cease to exist, and shall prosecute
such action to judgment, or in case of vacant and unoccupied land,
shall, within the time last set out, pay to the person or persons who
have paid the same, all the taxes, with interest thereon, at the rate of
12% per annum, that have been paid on such vacant and
unimproved land.
The exceptions provided in this Section shall not apply to the provisions of
Sections 13-118 through 13-121 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-112
(735 ILCS 5/13-112) (from Ch. 110, par. 13-112)
Sec. 13-112.
Minors and persons under legal disability.
If, at the time
when such right of entry or of action upon or
for lands first accrues, the person entitled to such entry or action is
a minor, or person under legal disability, imprisoned or absent from the United
States in the service of the United States or of this State, such person
or any one claiming from, by or under him or her, may make the entry or
bring the action at any time within 2 years after such disability is
removed, notwithstanding the time before limited in that behalf has
expired.
The exceptions provided in this Section shall not apply to the provisions of
Sections 13-118 through 13-121 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-113
(735 ILCS 5/13-113) (from Ch. 110, par. 13-113)
Sec. 13-113.
Extension to heirs.
If the person first
entitled to make entry or bring such
action dies during the continuance of any of the disabilities mentioned
in Section 13-112 of this Act, and no determination or judgment has been had
of or upon the title, right or action which accrued to him or her, the entry
may be made or the action brought by his or her heirs or any person claiming
from, by or under him or her at any time within 2 years after his or her death,
notwithstanding the time before limited in that behalf has expired.
The exceptions provided in this Section shall not apply to the provisions
of Sections 13-118 through 13-121 of this Act.
(Source: P.A. 90-655, eff. 7-30-98.)
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735 ILCS 5/13-114
(735 ILCS 5/13-114) (from Ch. 110, par. 13-114)
Sec. 13-114. Seventy-five year limitation. No deed, will, estate, proof
of heirship, plat, affidavit
or other instrument or document, or any court proceeding, order or
judgment, or any agreement, written or unwritten, sealed or unsealed, or
any fact, event, or statement, or any part or copy of any of the
foregoing, relating to or affecting the title to real estate in the
State of Illinois, which happened, was administered, or was executed,
dated, delivered, recorded or entered into more than 75 years prior to
July 1, 1872, or such subsequent date as the same is
offered, presented, urged, claimed, asserted, or appears against any
person hereafter becoming interested in the title to any real estate, or
to any agent or attorney thereof, shall adversely to the party or
parties hereafter coming into possession of such real estate under claim
or color of title or persons claiming under him, her or them, constitute
notice, either actual or constructive of any right, title, interest
or claim in and to such real estate, or any part thereof, or be,
or be considered to be evidence or admissible in evidence or be held or
urged to make any title unmarketable in part or in whole, or be required
or allowed to be alleged or proved as a basis for any action, or any
statutory proceeding affecting directly or indirectly the title to such
real estate.
The limitation of this Section, however, shall be deferred from and
after the expiration of such 75 year period for an additional period of
10 years, if a claim in writing in and to real estate therein
particularly described, incorporating the terms or substance of any such
deed, will, estate, proof of heirship, plat, affidavit, or other
instrument or document, or any court proceeding, order or judgment or
any agreement, written or unwritten, sealed or unsealed, or any fact,
event or statement, or any part or copy thereof in such claim, is filed
in the office of the recorder in the county or counties in
which such real estate is located:
1. within 3 years prior to the expiration of such 75 year period;
or
2. after the expiration of such 75 year period, by a minor or
a claimant under a legal disability who became under such disability during such 75
year period and within 2 years after the disability of such minor or
of the claimant a under legal disability has been removed; or
3. after the expiration of such 75 year period, by a guardian of a
minor or person who was determined by a court to be under a legal disability
during such 75 year period and within 2 years after such guardian
has been appointed for such minor or person under a legal disability.
The provisions of this Section shall not apply to or operate against
the United States of America or the State of Illinois or any other state
of the United States of America; or as to real estate held for a public
purpose by any municipality or other political subdivision of the State
of Illinois; or against any person under whom the party or parties in
possession during the period herein permitted for reassertion of title
claim by lease or other privity of contract; or against any person
who during the entire period herein permitted for reassertion of title,
or prior thereto, has not had the right to sue for and protect
his or her claim, interest or title.
(Source: P.A. 99-143, eff. 7-27-15.)
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735 ILCS 5/13-115
(735 ILCS 5/13-115) (from Ch. 110, par. 13-115)
Sec. 13-115.
Foreclosure of mortgage.
No person shall commence an action
or make a sale to
foreclose any mortgage or deed of trust in the nature of a mortgage,
unless within 10 years after the right of action or right to make such
sale accrues.
(Source: P.A. 82-280.)
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735 ILCS 5/13-116
(735 ILCS 5/13-116) (from Ch. 110, par. 13-116)
Sec. 13-116.
Lien of mortgage, trust or vendor's lien.
(a) The lien of
every mortgage, trust deed in the nature of
a mortgage, and vendor's lien, the due date of which is stated upon the
face, or ascertainable from the written terms thereof, filed for record
either before or after July 16, 1941, which has not ceased by limitation
before July 16, 1941, shall cease by limitation after the expiration of
20 years from the time the last payment on such mortgage, trust deed in
the nature of a mortgage, or vendor's lien became or becomes due upon
its face and according to its written terms, unless the owner of such
mortgage or vendor's lien, or the owner or trustee of such trust deed in
the nature of a mortgage either
(1) Before July 16, 1941, and within such 20 year period has filed
or caused to be filed for record an extension agreement showing the time
for which the payment of the indebtedness is extended, and the amount
remaining unpaid on such indebtedness; or
(2) After July 16, 1941, and within such 20 year period or within
one year after July 21, 1947, provided the due date of the instrument
was more than 19 years before July 21, 1947, files or causes to be filed
for record, either (i) an affidavit executed by himself or herself
or by some
person on his or her behalf, stating the amount or amounts claimed to be unpaid
on the indebtedness secured by such mortgage, trust deed in the nature
of a mortgage, or vendor's lien; or (ii) an extension agreement executed
as hereinafter provided.
(b) The lien of every mortgage, trust deed in the nature of a
mortgage, and vendor's lien, in which no due date is stated upon the
face, or is ascertainable from the written terms thereof, shall cease by
limitation after the expiration of 30 years from the date of the
instrument creating the lien, unless the owner of such mortgage or
vendor's lien, or the owner or trustee of such trust deed in the nature
of a mortgage, within such 30 year period or within one year after July
21, 1947, provided the date of the instrument was more than 29 years
before July 21, 1947, files or causes to be filed for record either (1)
an affidavit executed by himself or herself or by some person on his or her behalf,
stating the amount or amounts claimed to be unpaid on the indebtedness
secured by such mortgage, trust deed in the nature of a mortgage, or
vendor's lien; or (2) an extension agreement executed as hereinafter
provided.
The filing for record of an affidavit provided for by this Section,
within such 20 or 30 year period or one year period, as the case may be,
shall extend the lien for a period of 10 years after the date on which
such lien would cease if neither an affidavit nor extension agreement
were filed, and no more, and a subsequent affidavit filed within the
last 10 year period of the lien, as extended, shall extend the lien for
an additional 10 year period, and no more, but successive affidavits may
be filed, each extending the lien 10 years.
The filing for record of an extension agreement within such 20 or 30
year period or one year period, as the case may be, whether before or
after July 16, 1941, shall extend the lien for 10 years from the date
the final payment becomes due under such extension agreement, and no
more, but subsequent extension agreements filed before the lien, as
extended, ceases, shall extend the lien for an additional 10 year period
from the date the final payment becomes due under such extension
agreement, and no more. The filing of an extension agreement shall not
be construed in any way to cause the lien to cease before it would cease
if neither an extension agreement nor an affidavit were filed.
Affidavits may be followed by extension agreements, and extension
agreements may be followed by affidavits.
An extension agreement executed after July 16, 1941, to be effective
for the purpose of continuing the lien of any mortgage, trust deed in
the nature of a mortgage, or vendor's lien shall show the time for which
the payment of the indebtedness secured thereby is extended and the
amount remaining unpaid on such indebtedness, and shall be executed and
acknowledged by the owner of the mortgage, trust deed in the nature of a
mortgage, or vendor's lien, or someone on his or her behalf, and by one or more
persons representing himself, herself or themselves to be the then owners of
the
real estate. The affidavit or extension agreement shall be effective
only as to the lands within the county or counties wherein such
affidavit or extension agreement, or a copy thereof, is filed for
record.
When a corporation is the owner or trustee of any such mortgage,
trust deed in the nature of a mortgage, or vendor's lien, the affidavit
herein described shall be deemed effective for all purposes under this
Section when it has been executed by any officer of such corporation, or
by any person authorized by the corporation to execute such affidavit.
The Section shall apply to mortgages, trust deeds in the nature of
mortgages, and vendor's liens on both registered and unregistered lands.
"Filed for record" or "the filing for record" as used in Article XIII
of this Act means
filing in the office of the recorder in the county in which the
lands are situated, if such lands are unregistered, or in the office of
the registrar of titles for such county, if such lands are registered.
Nothing herein contained shall be construed to revive the lien of any
such instrument which has expired by limitation before July 16, 1941.
(Source: P.A. 83-1362.)
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735 ILCS 5/13-117
(735 ILCS 5/13-117) (from Ch. 110, par. 13-117)
Sec. 13-117.
Limitation on mortgage.
The lien of every mortgage or trust
deed in the nature
of a mortgage of record on July 1, 1915, where more than 20 years have
elapsed from the time the indebtedness secured thereby is due according
to its written terms, or according to any extension agreement on record
on July 1, 1915, is declared to have ceased by limitation unless the
holder of the indebtedness secured thereby and the then owner of the
real estate within 5 years after July 1, 1915, files in the office of the
recorder where the mortgage or trust deed in the nature of a mortgage is
recorded, an extension agreement showing the time for which the payment
of the indebtedness is extended, the time when the indebtedness will
become due by the terms of the extension agreement and the amount
remaining unpaid on the indebtedness, then the mortgage or trust deed in
the nature of a mortgage shall continue to be a lien upon the real estate
described therein for a period of 10 years from the time the
indebtedness will be due as shown by the extension agreement and no
longer, unless some further extension agreement is filed of record. Such
extension agreements shall be acknowledged and recorded in the same
manner as mortgages and trust deeds in the nature of a mortgage are
required by law to be acknowledged and recorded.
(Source: P.A. 82-280.)
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735 ILCS 5/13-118
(735 ILCS 5/13-118) (from Ch. 110, par. 13-118)
Sec. 13-118.
Forty year limitation on claims to real estate.
No action
based upon any claim arising or existing more than 40 years before the
commencement of such action shall be maintained in any court to recover
any real estate in this State or to recover or establish any interest
therein or claim thereto, against the holder of the record title to such
real estate when such holder of the record title and his or her grantors
immediate or remote are shown by the record to have held chain of title
to such real estate for at least 40 years before the action is
commenced, unless such claimant, by himself or herself, or by his or her attorney or
agent, or if he or she is a minor or under legal disability, by his or her guardian,
trustee, either parent, or any other person acting in his or her
behalf shall within 40 years after the claim upon which such action is
based arises, file in the office of the recorder of the county
wherein such real estate is situated, a verified statement definitely
describing the real estate involved, the nature and extent of the right
or interest claimed, and stating the facts upon which the same is based.
However, the holder of the record title to such real estate shall not be
entitled to the protection of Sections 13-118 through 13-121 of this Act
if the real estate is in the
adverse possession of another.
For purposes of this Section an unborn or unascertained person may be
a claimant and a verified statement may be filed on his or her behalf as
provided in this Section.
For the purposes of Sections 13-118 through 13-121 of this Act, any person
who holds title to real
estate by will or descent from any person who held the title of record
to such real estate at the date of his or her death or who holds title by
judgment or order of any court, or by deed issued pursuant thereto, i.
e., by trustee's, trustee's in bankruptcy, conservator's, guardian's,
executor's, administrator's, receiver's, assignee's, master's in
chancery, or sheriff's deed shall be deemed to hold chain of title the
same as though holding by direct conveyance.
(Source: P.A. 83-358.)
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735 ILCS 5/13-119
(735 ILCS 5/13-119) (from Ch. 110, par. 13-119)
Sec. 13-119.
Claim index.
All claims filed in the office of the recorder as provided
in Section 13-118 of this Act shall be recorded and indexed in the manner
provided by law. In counties where the recorder is not
required to keep a tract index, he or she shall index such claims in an index
labelled "Claimant's Book". Such book shall be indexed under the name of
the person filing the claim and under the name of the person against
whom the claim is filed, if such person is named in the claim, followed
in each instance by the document number of such claim (or the book and
page wherein the same is recorded) and a description of the real estate
involved.
(Source: P.A. 83-358.)
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735 ILCS 5/13-120
(735 ILCS 5/13-120) (from Ch. 110, par. 13-120)
Sec. 13-120.
Limitation on sections.
Sections 13-118 through 13-121 of this Act shall not be applied:
1. to bar any lessor or his or her successor as reversioner of his or
her right to possession on the expiration of any lease or any lessee or his or
her
successor of his or her rights in and to any lease; or
2. to bar or extinguish any interest created or held for any public
utility purpose; or
3. to bar or extinguish any easement or interest in the nature of
an easement, or any rights granted, reserved or excepted by any
instrument creating such easement or interest, the existence of which
such easement or interest either is apparent from or can be proved by
physical evidences of its use, whether or not such physical evidences of
its use are visible from the surface; or
4. to bar or extinguish any separate mineral estate or any rights,
immunities and interests appurtenant or relating thereto; or
5. to bar any interest of a mortgagee or interest in the nature of
that of a mortgagee where the due date of the mortgage is stated on the
face, or ascertainable from the written terms thereof and is not barred
by Section 13-116 of this Act.
6. to validate any encroachment on any street, highway or public
waters.
Nothing contained in Sections 13-118 through 13-121 of this Act shall be
construed to extend the period
for the beginning of any action or the doing of any other required act
under any statutes of limitation nor to affect the operation of any
statutes or case law governing the recording or the failure to record
any instruments affecting land.
No statement recorded or action filed pursuant to the provisions of Sections
13-118 through 13-121 of
this Act shall affect real estate registered under "An Act concerning
land titles" approved May 1, 1897, as amended; and real estate
heretofore or hereafter registered under "An Act concerning land titles"
shall be subject to the terms thereof and all subsequent amendments
thereto.
Sections 13-118 through 13-121 of this Act shall not be deemed to affect
any right, title or interest
of the United States unless the Congress shall assent to its operation
in that behalf.
(Source: P.A. 82-280.)
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735 ILCS 5/13-121
(735 ILCS 5/13-121) (from Ch. 110, par. 13-121)
Sec. 13-121.
Construction.
Sections 13-118 through 13-121 of this
Act shall be liberally construed to effect the legislative
purpose of simplifying and facilitating land title transactions by
allowing persons to rely on a record chain of title as described in
Section 13-118 of this Act, subject to such limitations as appear in Section
13-120 of this Act. The claims extinguished by Sections 13-118 through 13-121
of this Act include any and all
interests of any nature whatsoever, however denominated, whether vested
or contingent, whether present or future, whether such claims are
asserted by a person sui juris or under disability or might be asserted
by a person not yet in being, whether such person be within or without
the State, and whether such person be natural or corporate, or private
or governmental.
Except as otherwise provided in Sections 13-118 through 13-121 of this
Act, the rule that the State of
Illinois is not bound by acts of limitations shall not apply to Sections
13-118 through 13-121 of this
Act, and these Sections shall serve to bar any right, title, interest or lien
in land which the State of Illinois or any department, commission or
political subdivision thereof would otherwise have.
(Source: P.A. 82-280.)
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735 ILCS 5/13-122
(735 ILCS 5/13-122) (from Ch. 110, par. 13-122)
Sec. 13-122.
Posting of notice that right of access is by permission
and subject to control of owner. No use of any land by any person or by
the public generally, no matter how long continued, shall ever ripen into
an easement by prescription, or be deemed to be an implied dedication, or
be deemed to give rise to any other right, customary or otherwise, to be
on, or to engage in activities on, such land, if the owner of such property
for a continuous period posts at each entrance to the property or at intervals
of not more than 200 feet along the boundary a sign reading substantially
as follows: "Right of access by permission, and subject to control of owner".
If the entrances or boundaries of the property sought to be protected are
paved, the sign referred to in this Section may be embedded in the pavement,
provided that the inscription is legible and in letters at least as large
as 24 point type.
The procedure provided in this Section does not constitute the exclusive
method of preventing the use of land from creating an easement by prescription,
an implied dedication or any other right to be on or to engage in activities
on the land, but is in addition to any other methods now or hereafter provided
by law. This Section shall not be applied retroactively to events which
took place before October 1, 1975.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XIII Pt. 2
(735 ILCS 5/Art. XIII Pt. 2 heading)
Part 2.
Personal Actions
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735 ILCS 5/13-201
(735 ILCS 5/13-201) (from Ch. 110, par. 13-201)
Sec. 13-201.
Defamation - Privacy.
Actions for slander, libel or for
publication of matter
violating the right of privacy, shall be commenced within one year next
after the cause of action accrued.
(Source: P.A. 82-280.)
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735 ILCS 5/13-202
(735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
Sec. 13-202. Personal injury - Penalty. Actions for damages for an injury
to the person, or for
false imprisonment, or malicious prosecution, or for a statutory
penalty, or for abduction, or for seduction, or for criminal
conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of
a Class X felony and the perpetrator thereof is convicted of such crime,
shall be commenced within 2 years next after the cause
of action accrued but such an action against a defendant arising from a
crime committed by the defendant in whose name an escrow account was established
under the "Criminal Victims' Escrow Account Act" shall be commenced within
2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the
2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.
(Source: P.A. 99-90, eff. 1-1-16 .)
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735 ILCS 5/13-202.1
(735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
Sec. 13-202.1. No limitations on certain actions - Duties of Department
of Corrections and State's Attorneys. (a) Notwithstanding any other provision
of law, any action for damages against a person, however the action may
be designated, may be brought at any time if --
(1) the action is based upon conduct of a person | | which constituted the commission of first degree murder, a Class X felony, or a Class 1 felony as these terms are utilized at the time of filing of the action; and
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(2) the person was convicted of the first degree
| | murder, Class X felony, or Class 1 felony.
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(b) The provisions of this Section are fully applicable to convictions
based upon defendant's accountability under Section 5-2 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(c) Paragraphs (a) and (b) above shall apply to any cause of action
regardless of the date on which the defendant's conduct is alleged to have
occurred or of the date of any conviction resulting therefrom. In
addition, this Section shall be applied retroactively and shall revive
causes of actions which otherwise may have been barred under limitations
provisions in effect prior to the enactment and/or effect of P.A. 84-1450.
(d) Whenever there is any settlement, verdict or judgment in excess
of $500 in any court against the Department of Corrections or any past or
present employee or official in favor of any person for damages incurred while
the person was committed to the Department of Corrections, the Department
within 14 days of the settlement, verdict or judgment shall notify the State's
Attorney of the county from which the person was committed to the Department.
The State's Attorney shall in turn within 14 days after receipt of the notice send the same notice to the
person or persons who were the victim or victims of the crime for which the
offender was committed, at their last known address, along with the information that the victim or victims
should contact a private attorney to advise them of their rights under the law.
(e) Whenever there is any settlement, verdict or judgment in excess of $500 in any court against any county or county sheriff or any past or present employee or official in favor of any person for damages incurred while the person was incarcerated in any county jail, the county or county sheriff, within 14 days of the settlement, verdict or judgment shall notify the State's Attorney of the county from which the person was incarcerated in the county jail. The State's Attorney shall within 14 days of receipt of the notice send the same notice to the person or persons who were the victim or victims of the crime for which the offender was committed, at their last known address, along with the information that the victim or victims should contact a private attorney to advise them of their rights under the law.
(f) No civil action may be brought by anyone against the Department of
Corrections, a State's Attorney, a County, a county sheriff, or any past or present employee or
agent thereof for any alleged violation by any such entity or person of the
notification requirements imposed by paragraph (d) or (e).
(Source: P.A. 97-1150, eff. 1-25-13.)
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735 ILCS 5/13-202.2
(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 11-0.1 of the Criminal Code of 2012.
(b) Notwithstanding any other provision of law, an action for damages
for personal injury based on childhood sexual
abuse must be commenced within 20 years of the date the limitation period
begins to run under subsection (d) or within 20 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.
(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, fraudulent concealment, 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. The changes made by this amendatory Act of the 96th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 96th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 96th General Assembly.
(f) Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 98th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 98th General Assembly. (Source: P.A. 101-435, eff. 8-20-19.)
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735 ILCS 5/13-202.3 (735 ILCS 5/13-202.3) Sec. 13-202.3. For an action arising out of an injury caused by "sexual conduct" or "sexual penetration" as defined in Section 11-0.1 of the Criminal Code of 2012, the limitation period in Section 13-202 does not run during a time period when the person injured is subject to threats, intimidation, manipulation, or fraud perpetrated by the perpetrator or by a person the perpetrator knew or should have known was acting in the interest of the perpetrator. This Section applies to causes of action arising on or after the effective date of this amendatory Act of the 95th General Assembly or to causes of action for which the limitation period has not yet expired.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
735 ILCS 5/13-203
(735 ILCS 5/13-203) (from Ch. 110, par. 13-203)
Sec. 13-203.
Loss of consortium - Injury to person.
Actions for damages
for loss of consortium or other
actions, including actions for the medical expenses of minors or persons
under legal disability, deriving from injury to the person of another, except
damages
resulting from first degree murder or the commission of a Class X
felony, shall be commenced
within the same period of time as actions for damages for injury to such
other person.
Where the time in which the cause of action of the injured person whose
injuries give rise to the cause of action brought under this Section is
tolled or otherwise extended by any other Section of this Act, including
Sections 13-211, 13-212 and 13-215, the time in which the cause of action
must be brought under this Section is also tolled or extended to coincide
with the period of time in which the injured person must commence his or
her cause of action.
(Source: P.A. 88-22.)
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735 ILCS 5/13-203.1
(735 ILCS 5/13-203.1) (from Ch. 110, par. 13-203.1)
Sec. 13-203.1.
Loss of means of support or parental
relationships. Actions
for damages for loss of means of support or loss of parental or in loco
parentis relationships sustained by a minor resulting from an injury described
in Section 13-214.1 may be commenced no later than 10 years
after the person
who inflicted such injury has completed his sentence therefor.
(Source: P.A. 84-1043.)
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735 ILCS 5/13-204
(735 ILCS 5/13-204) (from Ch. 110, par. 13-204)
Sec. 13-204.
Contribution and indemnity.
(a) In instances where no underlying action seeking recovery for injury to
or death of a person or injury or damage to property has been filed by a
claimant, no action for contribution or indemnity may be commenced with respect
to any payment made to that claimant more than 2 years after the party seeking
contribution or indemnity has made the payment in discharge of his or her
liability to the claimant.
(b) In instances where an underlying action has been filed by a claimant, no
action for contribution or indemnity may be commenced more than 2 years after
the party seeking contribution or indemnity has been served with process in the
underlying action or more than 2 years from the time the party, or his or her
privy, knew or should reasonably have known of an act or omission giving rise
to the action for contribution or indemnity, whichever period expires later.
(c) The applicable limitations period contained in subsection (a) or (b)
shall apply to all actions for contribution or indemnity and shall preempt, as
to contribution and indemnity actions only, all other statutes of limitation or
repose, but only to the extent that the claimant in an underlying action could
have timely sued the party from whom contribution or
indemnity is sought at the time such claimant filed the underlying action, or
in instances where no underlying action has been filed, the payment in
discharge of the obligation of the party seeking contribution or indemnity is
made before any such underlying action would have been barred by lapse of
time.
(d) The provisions of this Section, as amended by Public Act 88-538, shall be applied
retroactively when substantively applicable, including all pending actions
without regard to when the cause of action accrued; provided,
however, that this amendatory Act of 1994 shall not operate to affect statutory
limitations or repose rights of any party which have fully vested prior to its
effective date.
(e) The provisions of this Section shall not apply to any action for
damages in which contribution or indemnification is sought from a party who is
alleged to have been negligent and whose negligence has been alleged to have
resulted in injuries or death by reason of medical or other healing art
malpractice.
(Source: P.A. 88-538; 89-626, eff. 8-9-96.)
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735 ILCS 5/13-205
(735 ILCS 5/13-205) (from Ch. 110, par. 13-205)
Sec. 13-205.
Five year limitation.
Except as provided in Section 2-725
of the "Uniform
Commercial Code", approved July 31, 1961, as amended, and Section 11-13
of "The Illinois Public Aid Code", approved April 11, 1967, as amended,
actions on unwritten contracts, expressed or implied, or on awards of
arbitration, or to recover damages for an injury done to property, real
or personal, or to recover the possession of personal property or
damages for the detention or conversion thereof, and all civil actions
not otherwise provided for, shall be commenced within 5 years next after
the cause of action accrued.
(Source: P.A. 82-280.)
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735 ILCS 5/13-206
(735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
Sec. 13-206. Ten year limitation. Except as provided in Section 2-725
of the "Uniform
Commercial Code", actions on bonds, promissory notes, bills of exchange,
written leases,
written contracts, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall
be commenced within 10 years next after the cause of action accrued; but
if any payment or new promise to pay has been made, in writing,
on any bond, note, bill, lease, contract, or other written evidence of
indebtedness, within or after the period of 10 years, then an action may
be commenced thereon at any time within 10 years after the time of such
payment or promise to pay.
For purposes of this Section, with regard to promissory notes dated on or
after the effective date of this amendatory Act of 1997, a cause of action on a
promissory note payable at a definite date accrues on the due date or date
stated in the promissory note or the date upon which the promissory note is
accelerated. With respect to a demand promissory note dated on or after the
effective date of this amendatory Act of 1997, if a demand for payment is made
to
the maker of the demand promissory note, an action to enforce the obligation of
a party to pay the
demand promissory note must be commenced within 10 years after the demand. An
action to enforce a demand
promissory note is barred if neither principal nor interest on the demand
promissory note has been paid for a continuous period of 10 years and no demand
for payment has been made to the maker during that period.
(Source: P.A. 95-209, eff. 8-16-07.)
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735 ILCS 5/13-207
(735 ILCS 5/13-207) (from Ch. 110, par. 13-207)
Sec. 13-207. Counterclaim or set-off. A defendant may plead
a set-off or counterclaim barred by
the statute of limitation or the statute of repose, while held and owned by him or her, to any action,
the cause of which was owned by the plaintiff or person under whom he
or she claims, before such set-off or counterclaim was so barred, and not
otherwise. This section shall not affect the right of a bona
fide assignee of a negotiable instrument assigned before due. The changes made to this Section by this amendatory Act of the 102nd General Assembly apply to claims initiated on or after the effective date of this amendatory Act of the 102nd General Assembly and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period.
(Source: P.A. 102-908, eff. 5-27-22.)
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735 ILCS 5/13-208
(735 ILCS 5/13-208) (from Ch. 110, par. 13-208)
Sec. 13-208.
Absence from State.
(a) If, when the cause of action accrues
against a person, he or she is out of
the state, the action may be commenced within the times herein limited,
after his or her coming into or return to the state; and if, after the cause of
action accrues, he or she departs from and resides out of the state, the time
of his or her absence is no part of the time limited for the commencement of
the action.
(b) For purposes of subsection (a) of this
Section no person shall be considered to be out of the State or to have
departed from the State or to reside outside of the State during any
period when he or she is subject to the jurisdiction of the courts of this
State with respect to that cause of action pursuant to Sections 2-208 and
2-209 of this Act, Section 10-301 of "The Illinois Vehicle
Code", Section 5.25 of the "Business Corporation Act of 1983", or any other
statute authorizing service of process which would subject that person
to the jurisdiction of the courts of this State. If a person files an
action in a court of this State and attempts to secure service of
process upon a defendant pursuant to a statute referred to in the
preceding sentence, but does not obtain service of process upon such
defendant, such defendant shall not be considered to be subject to the
jurisdiction of the courts of this State at the time such action was
filed, for purposes of the preceding sentence of this section.
This subsection (b) of Section 13-208 of this Act shall
apply only to actions commenced after October 1, 1973.
(Source: P.A. 83-1362.)
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735 ILCS 5/13-209
(735 ILCS 5/13-209) (from Ch. 110, par. 13-209)
Sec. 13-209.
Death of party.
(a) If a person entitled to bring an
action dies before the
expiration of the time limited for the commencement thereof, and the
cause of action survives:
(1) an action may be commenced by his or her | | representative before the expiration of that time, or within one year from his or her death whichever date is the later;
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(2) if no petition for letters of office for the
| | decedent's estate has been filed, the court may appoint a special representative for the deceased for the purpose of prosecuting the action. The appointment shall be on verified motion of any party who appears entitled to participate in the deceased's estate, reciting the names and last known addresses of all known heirs and the legatees and executor named in any will that has been filed. The court's determination that a person appears entitled to participate in the deceased's estate shall be solely for purposes of this Section and not determinative of rights in final disposition. Within 90 days after appointment, the special representative shall notify the heirs and legatees of the following information by mail: that an appointment has been made, the court in which the case was filed, the caption of the case, and a description of the nature of the case. The special representative shall publish notice to unknown heirs and legatees as provided in the Probate Act of 1975. If a will is filed within 90 days after the appointment of the special representative, the same notice shall be given to any additional executors and legatees named in the will. At any time that an estate is opened with a representative other than the special representative, the court may upon motion substitute the representative for the special representative. In this case, the court shall allow disbursements and fees of the special representative and his or her attorney as a claim against any proceeds received. The proceeds of any judgment or settlement shall be distributed under the provisions of the Probate Act of 1975.
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(b) If a person against whom an
action may be brought dies before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred:
(1) an action may be commenced against his or her
| | personal representative after the expiration of the time limited for the commencement of the action, and within 6 months after the person's death;
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(2) if no petition has been filed for letters of
| | office for the deceased's estate, the court, upon the motion of a person entitled to bring an action and after the notice to the party's heirs or legatees as the court directs and without opening an estate, may appoint a special representative for the deceased party for the purposes of defending the action. If a party elects to have a special representative appointed under this paragraph (2), the recovery shall be limited to the proceeds of any liability insurance protecting the estate and shall not bar the estate from enforcing any claims that might have been available to it as counterclaims.
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(c) If a party commences an action against a deceased person whose
death is unknown to the party before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred, the action may be commenced against the deceased person's
personal representative if all of the following terms and conditions are met:
(1) After learning of the death, the party proceeds
| | with reasonable diligence to move the court for leave to file an amended complaint, substituting the personal representative as defendant.
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(2) The party proceeds with reasonable diligence to
| | serve process upon the personal representative.
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(3) If process is served more than 6 months after the
| | issuance of letters of office, liability of the estate is limited as to recovery to the extent the estate is protected by liability insurance.
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(4) In no event can a party commence an action under
| | this subsection (c) unless a personal representative is appointed and an amended complaint is filed within 2 years of the time limited for the commencement of the original action.
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(Source: P.A. 90-111, eff. 7-14-97.)
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735 ILCS 5/13-210
(735 ILCS 5/13-210) (from Ch. 110, par. 13-210)
Sec. 13-210.
Foreign limitation.
When a cause of action has arisen in a
state or territory
out of this State, or in a foreign country, and, by the laws thereof, an
action thereon cannot be maintained by reason of the lapse of time, an
action thereon shall not be maintained in this State.
(Source: P.A. 83-707.)
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735 ILCS 5/13-211
(735 ILCS 5/13-211) (from Ch. 110, par. 13-211)
Sec. 13-211. Minors and persons under legal disability. (a) If the person
entitled to bring an action, specified in Sections 13-201 through 13-210
of this Code, at the time the cause of action accrued, is under the age of
18 years or is under a legal disability, then he or she may bring the
action within 2 years after the person attains the age of 18 years, or the
disability is removed. (b) If the person
entitled to bring an action specified under Sections 13-201 through 13-210
of this Code is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (b) does not invalidate any statute of repose provisions contained in Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3,
13-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of
this Code. In no event shall the period of limitations for a
cause of action under Section 13-205 or 13-206 of this Code be
stayed in excess of 10 years from the date of the adjudication
of legal disability. This subsection (b) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1077, eff. 1-1-15 .)
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735 ILCS 5/13-212
(735 ILCS 5/13-212) (from Ch. 110, par. 13-212)
Sec. 13-212. Physician or hospital.
(a) Except as provided in Section
13-215 or 13-215.1 of this Act, no action for damages for injury or death against any
physician, dentist, registered nurse or hospital duly licensed under
the laws of this State, whether based upon tort, or breach of contract, or
otherwise, arising out of patient care shall be brought more than 2 years
after the date on which the claimant knew, or through the use of reasonable
diligence should have known, or received notice in writing of the existence
of the injury or death for which damages are sought in the action,
whichever of such date occurs first, but in no event shall such action be
brought more than 4 years after the date on which occurred the act or
omission or occurrence alleged in such action to have been the cause of
such injury or death.
(b) Except as provided in Section 13-215 or 13-215.1 of this Act, no action for
damages for injury or death against any physician, dentist, registered
nurse or hospital duly licensed under the laws of this State, whether based
upon tort, or breach of contract, or otherwise, arising out of patient care
shall be brought more than 8 years after the date on which
occurred the act or omission or occurrence alleged in such action to have
been the cause of such injury or death where the person entitled to bring
the action was, at the time the cause of action accrued, under the age of
18 years; provided, however, that in no event may the cause of action be
brought after the person's 22nd birthday. If the person was under the age
of 18 years when the cause of action accrued and, as a result of this
amendatory Act of 1987, the action is either barred or there remains less
than 3 years to bring such action, then he or she may bring the action
within 3 years of July 20, 1987.
(c) If the person entitled to bring an action
described in this Section is, at the time the cause
of action accrued, under a legal disability other than being under
the age of 18 years, then the period of limitations does
not begin to run until the disability is removed. (d) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (d) does not invalidate any statute of repose provisions contained in this Section. This subsection (d) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 103-478, eff. 1-1-24 .)
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735 ILCS 5/13-213
(735 ILCS 5/13-213) (from Ch. 110, par. 13-213)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability; statute of repose.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | | modified, or changed" means an alteration, modification or change that was made in the original makeup characteristics, function or design of a product or in the original recommendations, instructions and warnings given with respect to a product including the failure properly to maintain and care for a product.
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(2) "Product" means any tangible object or goods
| | distributed in commerce, including any service provided in connection with the product. Where the term "product unit" is used, it refers to a single item or unit of a product.
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(3) "Product liability action" means any action based
| | on any theory or doctrine brought against the seller of a product on account of personal injury, (including illness, disease, disability and death) or property, economic or other damage allegedly caused by or resulting from the manufacture, construction, preparation, assembly, installation, testing, makeup, characteristics, functions, design, formula, plan, recommendation, specification, prescription, advertising, sale, marketing, packaging, labeling, repair, maintenance or disposal of, or warning or instruction regarding any product. This definition excludes actions brought by State or federal regulatory agencies pursuant to statute.
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(4) "Seller" means one who, in the course of a
| | business conducted for the purpose, sells, distributes, leases, assembles, installs, produces, manufactures, fabricates, prepares, constructs, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product in the stream of commerce.
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(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on any theory or doctrine shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on any theory or doctrine to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making,
| | authorizing, or furnishing materials for the accomplishment of such alteration, modification or change (or against a seller furnishing specifications or instructions for the accomplishment of such alteration, modification or change when the injury is claimed to have resulted from failure to provide adequate specifications or instructions), and
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(2) the action commenced within the applicable
| | limitation period and, in any event, within 10 years from the date such alteration, modification or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period, and
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(3) when the injury or damage is claimed to have
| | resulted from an alteration, modification or change of a product unit, there is proof that such alteration, modification or change had the effect of introducing into the use of the product unit, by reason of defective materials or workmanship, a hazard not existing prior to such alteration, modification or change.
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(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on any theory or
doctrine to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(h) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95 .)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered,
| | modified, or changed" means an alteration, modification or change that was made in the original makeup characteristics, function or design of a product or in the original recommendations, instructions and warnings given with respect to a product including the failure properly to maintain and care for a product.
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(2) "Product" means any tangible object or goods
| | distributed in commerce, including any service provided in connection with the product. Where the term "product unit" is used, it refers to a single item or unit of a product.
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(3) "Product liability action" means any action based
| | on the doctrine of strict liability in tort brought against the seller of a product on account of personal injury, (including illness, disease, disability and death) or property, economic or other damage allegedly caused by or resulting from the manufacture, construction, preparation, assembly, installation, testing, makeup, characteristics, functions, design, formula, plan, recommendation, specification, prescription, advertising, sale, marketing, packaging, labeling, repair, maintenance or disposal of, or warning or instruction regarding any product. This definition excludes actions brought by State or federal regulatory agencies pursuant to statute.
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(4) "Seller" means one who, in the course of a
| | business conducted for the purpose, sells, distributes, leases, assembles, installs, produces, manufactures, fabricates, prepares, constructs, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product in the stream of commerce.
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(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on the doctrine of strict
liability in tort shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on the doctrine of strict
liability in tort to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making,
| | authorizing, or furnishing materials for the accomplishment of such alteration, modification or change (or against a seller furnishing specifications or instructions for the accomplishment of such alteration, modification or change when the injury is claimed to have resulted from failure to provide adequate specifications or instructions), and
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(2) the action commenced within the applicable
| | limitation period and, in any event, within 10 years from the date such alteration, modification or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period, and
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(3) when the injury or damage is claimed to have
| | resulted from an alteration, modification or change of a product unit, there is proof that such alteration, modification or change had the effect of introducing into the use of the product unit, by reason of defective materials or workmanship, a hazard not existing prior to such alteration, modification or change.
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(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on the
doctrine of
strict liability in tort to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(Source: P.A. 85-907; 86-1329.)
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735 ILCS 5/13-214 (735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
Sec. 13-214. Construction; design management and supervision. As used
in this Section, "person" means any individual, any business or legal entity,
or any body politic.
(a) Actions based upon tort, contract or otherwise against any person
for an act or omission of such person in the design, planning, supervision,
observation or management of construction, or construction of an
improvement to real property shall be commenced within 4 years from the
time the person bringing an action, or his or her privity, knew or should
reasonably have known of such act or omission. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(b) No action based upon tort, contract or otherwise may be brought against
any person for an act or omission of such person in the design, planning,
supervision, observation or management of construction, or construction
of an improvement to real property after 10 years have elapsed from the
time of such act or omission. However, any person who discovers such act or
omission prior to expiration of 10 years from the time of such act or
omission shall in no event have less than 4 years to bring an action as
provided in subsection (a) of this Section. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(c) If a person otherwise entitled to bring an action could not have
brought such action within the limitation periods herein solely because
such person was under the age of 18 years, or a person with a developmental
disability or a person with mental illness, then the limitation periods herein
shall not begin to run until the person attains the age of 18 years, or the
disability is removed.
(d) Subsection (b) shall not prohibit any action against a defendant who
has expressly warranted or promised the improvement to real property for
a longer period from being brought within that period.
(e) The limitations of this Section shall not apply to causes of action
arising out of fraudulent misrepresentations or to fraudulent concealment
of causes of action.
(f) Subsection (b) does not apply to an action that is based on personal
injury, disability, disease, or death resulting from the discharge into the
environment of asbestos.
(Source: P.A. 100-201, eff. 8-18-17.)
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735 ILCS 5/13-214.1
(735 ILCS 5/13-214.1) (from Ch. 110, par. 13-214.1)
Sec. 13-214.1. Action for damages involving criminal
acts. (a) Actions for damages for an injury described in Section 13-202
or Section 13-203 arising out of first degree murder or the commission of
a Class X felony
by the person against whom the action is brought may be commenced no later
than 10 years after the person who inflicted such injury has completed his
or her sentence therefor.
(b) For an action for damages arising out of: theft of property exceeding $100,000 in value under Section 16-1 of the Criminal Code of 2012; identity theft under subsection (a) of Section 16-30 of the Criminal Code of 2012; aggravated identity theft under subsection (b) of Section 16-30 of the Criminal Code of 2012; financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 2012; or any offense set forth in Article 16H or Section 17-10.6 of the Criminal Code of 2012, the action may be commenced within 10 years of the last act committed in furtherance of the crime. However, if any other provision of law provides for a longer limitation period, then the longer limitation period applies. (Source: P.A. 101-136, eff. 7-26-19.)
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735 ILCS 5/13-214.2
(735 ILCS 5/13-214.2) (from Ch. 110, par. 13-214.2)
Sec. 13-214.2.
(a) Actions based upon tort, contract or otherwise
against any person, partnership or corporation registered pursuant to the
Illinois Public Accounting Act, as amended, or any of its employees,
partners, members, officers or shareholders, for an act or omission in the
performance of professional services shall be commenced within 2 years from
the time the person bringing an action knew or should reasonably have known
of such act or omission.
(b) In no event shall such action be brought more than 5 years after the
date on which occurred the act or omission alleged in such action to have
been the cause of the injury to the person bringing such action against a
public accountant. Provided, however, that in the event that an income tax
assessment is made or criminal prosecution is brought against a person,
that person may bring an action against the public accountant who prepared
the tax return within two years from the date of the assessment or
conclusion of the prosecution.
(c) If a person entitled to bring the action is, at the time the cause
of action accrues, under the age of 18, or under a legal disability,
the period of limitations shall not begin to run until the disability
is removed.
(d) This Section shall apply to all causes of action which accrue on or
after its effective date.
(Source: P.A. 85-655; 86-1329.)
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