HB6124 Engrossed

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 commenced on or after the effective date of this 
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amendatory Act of the 96th General Assembly if the action would 
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not have been time barred under Public Act 93-356 prior to the 
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effective date of this amendatory Act of the 96th General 
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Assembly.

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