HB4072 104TH GENERAL ASSEMBLY

LRB104 14010 JRC 27067 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4072

Introduced 10/15/2025, by Rep. Curtis J. Tarver, II - Kelly M. Cassidy, Nicole La Ha, Tony M. McCombie, Edgar González, Jr., et al.

SYNOPSIS AS INTRODUCED:

705 ILCS 505/25

from Ch. 37, par. 439.24-5

Amends the Court of Claims Act. Provides that exhaustion of remedies is not required for any person who files a claim in the court for damages based on the Code of Civil Procedure provisions pertaining to actions for personal injury based on childhood sexual abuse. Contains a statement of findings and intent. Provides that the changes made by the amendatory Act applies to all actions pending or commenced on or after the effective date of the amendatory Act and to any action that would not have been time barred under the statute of limitations or statute of repose under the Code of Civil Procedure affecting childhood sexual abuse before the effective date of the amendatory Act.

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 1. Findings; intent. The General Assembly finds and declares that:

(1) All survivors of childhood sexual abuse have the fundamental right to hold a party responsible for the harm inflicted in their youth.

(2) Section 13-202.2 of the Code of Civil Procedure was enacted to provide plaintiffs with the tools to commence an action despite any statute of limitations or other provision of law constituting a condition precedent or hurdle to filing an action against any person or institution when the plaintiff's harm is caused by childhood sex abuse. The General Assembly did so by using the preemptive language "notwithstanding any other provision of law". The language "any other provision of law" necessarily includes Court of Claims rules that would hinder the commencement of an action, including, but not limited to, the exhaustion of remedies provision.

(3) This Act is intended to be declarative of existing law and to provide additional clarity that an action for damages based on childhood sexual abuse may be commenced at any time against any party, notwithstanding any other provision of law, including, but not limited to, any law requiring notice of claim, exhaustion of remedies, or other condition precedent to the commencement of any action.

Section 5. The Court of Claims Act is amended by changing Section 25 as follows:

(705 ILCS 505/25) (from Ch. 37, par. 439.24-5)

Sec. 25. Any person who files a claim in the court shall, before seeking final determination of his or her claim exhaust all other remedies and sources of recovery whether administrative or judicial; except that failure to file or pursue actions against State employees, acting within the scope of their employment, shall not be a defense. Exhaustion of remedies shall not be required for any action commenced in the court of claims for damages based on childhood sexual abuse under Section 13-202.2 of the Code of Civil Procedure. The changes made by this amendatory Act of the 104th General Assembly apply to all actions pending or commenced on or after the effective date of this amendatory Act of the 104th General Assembly and to any action that would not have been time barred under the statute of limitations or statute of repose under Section 13-202.2 of the Code of Civil Procedure before the effective date of this amendatory Act of the 104th General Assembly.

(Source: P.A. 83-345.)