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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5081
Introduced 02/05/04, by Sidney H. Mathias SYNOPSIS AS INTRODUCED:
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745 ILCS 10/8-101 |
from Ch. 85, par. 8-101 |
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Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that actions for damages for injury or death against any public physician, dentist, registered nurse, or hospital (instead of local public entity or employee) be brought within 2 years after the claimant knew or should have known of the injury or death. Effective immediately.
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A BILL FOR
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HB5081 |
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LRB093 16628 LCB 42278 b |
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| AN ACT concerning public employees.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Local Governmental and Governmental |
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| Employees Tort
Immunity Act is amended by changing Section |
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| 8-101 as follows:
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| (745 ILCS 10/8-101) (from Ch. 85, par. 8-101)
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| Sec. 8-101. Limitation.
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| (a) No civil action other than an action described in |
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| subsection (b)
may be
commenced
in any court against a local
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| entity or any of its employees for any injury unless it is |
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| commenced
within one year from the date that the
injury was |
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| received or the cause of action accrued.
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| (b) No action for damages for injury or death against any
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| public physician, dentist, registered nurse, or hospital,
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| local public entity or public employee, whether based upon |
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| tort, or breach of
contract, or
otherwise, arising out of |
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| patient care shall be brought more than 2 years
after the date |
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| on which the claimant knew, or through the use of reasonable
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| diligence should have known, or received notice in writing of |
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| the existence
of the injury or death for which damages are |
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| sought in the action,
whichever of those dates occurs first, |
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| but in no event shall such an action be
brought more than 4 |
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| years after the date on which occurred the act or
omission or |
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| occurrence alleged in the action to have been the cause of
the |
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| injury or death.
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| (c) For purposes of this
Article, the term "civil action" |
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| includes any
action, whether based upon the common law or |
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| statutes or Constitution of
this State.
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| (d) The changes made by this amendatory Act of the 93rd |
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| General Assembly
apply
to an action or proceeding pending on or
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| after this amendatory Act's effective date, unless those |