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.)