093_SB0616enr

SB616 Enrolled                       LRB093 03380 DRJ 03398 b

 1        AN ACT concerning tort immunity.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Local  Governmental  and   Governmental
 5    Employees  Tort  Immunity  Act is amended by changing Section
 6    8-101 as follows:

 7        (745 ILCS 10/8-101) (from Ch. 85, par. 8-101)
 8        Sec. 8-101.  Limitation.
 9        (a)  No civil action other than an  action  described  in
10    subsection  (b) may be commenced in any court against a local
11    entity or any of its employees for any injury  unless  it  is
12    commenced  within  one year from the date that the injury was
13    received or the cause of action accrued.
14        (b)  No action for damages for injury  or  death  against
15    any  local  public  entity  or public employee, whether based
16    upon tort, or breach of contract, or otherwise,  arising  out
17    of  patient care shall be brought more than 2 years after the
18    date on which the  claimant  knew,  or  through  the  use  of
19    reasonable diligence should have known, or received notice in
20    writing  of  the  existence  of the injury or death for which
21    damages are sought in the action, whichever  of  those  dates
22    occurs first, but in no event shall such an action be brought
23    more than 4 years after the date on which occurred the act or
24    omission or occurrence alleged in the action to have been the
25    cause of the injury or death.
26        (c)  For  purposes  of  this  Article,  the  term  "civil
27    action"  includes  any  action, whether based upon the common
28    law or statutes or Constitution of this State.
29        (d)  The changes made by this amendatory Act of the  93rd
30    General  Assembly apply to an action or proceeding pending on
31    or after this amendatory Act's effective date,  unless  those
 
SB616 Enrolled              -2-      LRB093 03380 DRJ 03398 b
 1    changes  (i)  take  away  or  impair  a vested right that was
 2    acquired under existing law or (ii) with  regard  to  a  past
 3    transaction  or  past consideration, create a new obligation,
 4    impose a new duty, or attach a new disability.
 5    (Source: P.A. 84-1431.)

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.