Public Act 098-0276
 
SB1399 EnrolledLRB098 10033 HEP 40192 b


  
    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 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, 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. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11; 
97-1150, eff. 1-25-13.)