SB2179 102ND GENERAL ASSEMBLY

LRB102 02589 LNS 12592 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2179

Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

735 ILCS 5/13-214.3

from Ch. 110, par. 13-214.3

Amends the Limitations Article of the Code of Civil Procedure. Provides that an attorney malpractice action in which the injury did not occur until the death of the person for whom the professional services were rendered may not be commenced in any event more than 6 years after the date the professional services were performed. Provides, with exceptions, that the changes apply to every cause of action, regardless of the date that the cause of action accrues.

A BILL FOR

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 13-214.3 as follows:

(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)

Sec. 13-214.3. Attorneys.

(a) In this Section: "attorney" includes (i) an individual attorney, together with his or her employees who are attorneys, (ii) a professional partnership of attorneys, together with its employees, partners, and members who are attorneys, and (iii) a professional service corporation of attorneys, together with its employees, officers, and shareholders who are attorneys; and "non-attorney employee" means a person who is not an attorney but is employed by an attorney.

(b) An action for damages based on tort, contract, or otherwise (i) against an attorney arising out of an act or omission in the performance of professional services or (ii) against a non-attorney employee arising out of an act or omission in the course of his or her employment by an attorney to assist the attorney in performing professional services must be commenced within 2 years from the time the person bringing the action knew or reasonably should have known of the injury for which damages are sought.

(c) Except as provided in subsection (d), an action described in subsection (b) may not be commenced in any event more than 6 years after the date on which the act or omission occurred.

(d) When the injury caused by the act or omission does not occur until the death of the person for whom the professional services were rendered, the action may be commenced within 2 years after the date of the person's death unless letters of office are issued or the person's will is admitted to probate within that 2 year period, in which case the action must be commenced within the time for filing claims against the estate or a petition contesting the validity of the will of the deceased person, whichever is later, as provided in the Probate Act of 1975. An action may not be commenced in any event more than 6 years after the date the professional services were performed.

(e) If the person entitled to bring the action is under the age of majority or under other legal disability at the time the cause of action accrues, the period of limitations shall not begin to run until majority is attained or the disability is removed.

(f) 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 (f) does not invalidate any statute of repose provisions contained in this Section. This subsection (f) applies to actions commenced or pending on or after January 1, 2015 (the effective date of Public Act 98-1077) this amendatory Act of the 98th General Assembly.

(g) This Section applies to any cause of action, regardless of the date the cause of action arises. This Section, however, does not bar the filing of an action based on the performance of professional services before the effective date of this amendatory Act of the 102nd General Assembly if the action is timely filed under the version of this Section in effect on January 1, 2021, and is filed within a reasonable period, not to exceed 6 years, after the effective date of this amendatory Act of the 102nd General Assembly. This Section applies to all causes of action accruing on or after its effective date.

(Source: P.A. 98-1077, eff. 1-1-15.)