96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6124


 
Introduced 2/11/2010, by Rep. Greg Harris
 
SYNOPSIS AS INTRODUCED:
 		





 


  



735 ILCS 5/13-202.2
  from Ch. 110, par. 13-202.2








     Amends the Code of Civil Procedure. Provides that an action for damages for personal injury based on childhood sexual abuse must be commenced within 20 (instead of 10) years of the date the limitation period begins to run or within 20 (instead of 5) years of the date the person abused discovers or through the use of reasonable diligence should discover that the act of childhood sexual abuse occurred and the injury was caused by that abuse. The changes made apply to actions pending on the effective date as well as actions commenced on or after that date.
  















LRB096 16795 AJO 32102 b

















 


 


A BILL FOR









 




  






HB6124

LRB096 16795 AJO 32102 b





  
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    AN ACT concerning civil law.
  
 
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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 Code of Civil Procedure is amended  by 
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changing Section 13-202.2 as follows:
 



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    (735 ILCS 5/13-202.2)  (from Ch. 110, par. 13-202.2)



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    Sec. 13-202.2. Childhood sexual abuse. 

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    (a) In this Section:

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    "Childhood sexual abuse" means an act of sexual
abuse that 
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occurs when the person abused is under 18 years of age.

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    "Sexual abuse" includes but is not limited to sexual 
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conduct and sexual
penetration as defined in Section 12-12 of 
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the Criminal Code of 1961.

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    (b) Notwithstanding any other provision of law, an action 
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for damages
for personal injury based on childhood sexual
abuse 
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must be commenced within 20 10 years of the date the limitation 
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period
begins to run under subsection (d) or within 20 5 years 
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of
the date the person abused
discovers or through the use of 
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reasonable diligence should discover both
(i) that
the act of 
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childhood sexual abuse occurred and (ii) that the injury was

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caused
by the childhood sexual abuse.
The fact that the person 
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abused discovers or through the use of reasonable
diligence 
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should discover that the act of childhood sexual abuse occurred 
 


 






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is
not, by itself, sufficient to start the discovery period 
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under this subsection
(b). Knowledge of the abuse does not 
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constitute discovery of the injury
or the causal relationship 
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between any later-discovered injury and the abuse.

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    (c) If the injury is caused by 2 or more acts of childhood 
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sexual
abuse that are part of a continuing series of acts of 
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childhood sexual
abuse by the same abuser, then the discovery 
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period under subsection
(b) shall be computed from the date the 
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person abused discovers or through
the use of reasonable 
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diligence should discover both (i) that the last act
of

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childhood sexual abuse in the continuing series occurred and 
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(ii) that the
injury was caused by any act of childhood sexual 
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abuse in the continuing
series.
The fact that the person abused 
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discovers or through the use of reasonable
diligence should 
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discover that the last act of childhood sexual abuse in the

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continuing series occurred is not, by itself, sufficient to 
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start the discovery
period under subsection (b). Knowledge of 
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the abuse does not constitute
discovery of the injury
or the 
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causal relationship between any later-discovered injury and 
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the abuse.

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    (d) The limitation periods under subsection (b) do not 
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begin to run
before the person abused attains the age of 18 
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years; and, if at the time
the person abused attains the age of 
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18 years he or she is under other
legal disability, the 
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limitation periods under subsection (b) do not begin
to run 
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until the removal of the disability.

 


 






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    (d-1) The limitation periods in subsection (b) do not run 
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during a time
period
when the person abused is subject to 
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threats, intimidation,
manipulation, or fraud perpetrated by 
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the abuser or by any person acting in the
interest of the 
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abuser.

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    (e) This Section applies to actions pending on the 
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effective date of
this amendatory Act of 1990 as well as to 
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actions commenced on or after
that date. The changes made by 
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this amendatory Act of 1993 shall apply only
to actions 
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commenced on or after the effective date of this amendatory Act 
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of
1993.
The changes made by this amendatory Act of the 93rd 
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General Assembly apply to
actions pending on the effective date

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of this amendatory Act of the 93rd General
Assembly as well as 
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actions commenced on or after that date. The changes made by 
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this amendatory Act of the 96th General Assembly apply to 
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actions pending on the effective date of this amendatory Act of 
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the 96th General Assembly as well as actions commenced on or 
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after that date.

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(Source: P.A. 93-356, eff. 7-24-03.)