97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2952

 

Introduced 2/1/2012, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/13-214.3  from Ch. 110, par. 13-214.3

    Amends the Code of Civil Procedure. In provisions that limit an action against an attorney for malpractice to no later than 6 years after the date on which the attorney's act or omission occurred adds this exception: if the client is still represented by the attorney or the attorney knowingly conceals the act or omission, the period of limitations shall not begin to run until the person is no longer represented by the attorney or until the client should have known of the injury.


LRB097 14080 AJO 58743 b

 

 

A BILL FOR

 

SB2952LRB097 14080 AJO 58743 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 13-214.3 as follows:
 
6    (735 ILCS 5/13-214.3)  (from Ch. 110, par. 13-214.3)
7    (Text of Section WITHOUT the changes made by P.A. 89-7,
8which has been held unconstitutional)
9    Sec. 13-214.3. Attorneys.
10    (a) In this Section: "attorney" includes (i) an individual
11attorney, together with his or her employees who are attorneys,
12(ii) a professional partnership of attorneys, together with its
13employees, partners, and members who are attorneys, and (iii) a
14professional service corporation of attorneys, together with
15its employees, officers, and shareholders who are attorneys;
16and "non-attorney employee" means a person who is not an
17attorney but is employed by an attorney.
18    (b) An action for damages based on tort, contract, or
19otherwise (i) against an attorney arising out of an act or
20omission in the performance of professional services or (ii)
21against a non-attorney employee arising out of an act or
22omission in the course of his or her employment by an attorney
23to assist the attorney in performing professional services must

 

 

SB2952- 2 -LRB097 14080 AJO 58743 b

1be commenced within 2 years from the time the person bringing
2the action knew or reasonably should have known of the injury
3for which damages are sought.
4    (c) Except as provided in subsection (d), an action
5described in subsection (b) may not be commenced in any event
6more than 6 years after the date on which the act or omission
7occurred, however if the person entitled to bring the action is
8still represented by the attorney or the attorney knowingly
9conceals the act or omission so as to prevent the person
10bringing the action from becoming aware of the act or omission,
11the period of limitations is not limited by the 6 year
12limitation and shall not begin to run until the person is no
13longer represented by the attorney or until the person knows or
14should have known of the injury.
15    (d) When the injury caused by the act or omission does not
16occur until the death of the person for whom the professional
17services were rendered, the action may be commenced within 2
18years after the date of the person's death unless letters of
19office are issued or the person's will is admitted to probate
20within that 2 year period, in which case the action must be
21commenced within the time for filing claims against the estate
22or a petition contesting the validity of the will of the
23deceased person, whichever is later, as provided in the Probate
24Act of 1975.
25    (e) If the person entitled to bring the action is under the
26age of majority or under other legal disability at the time the

 

 

SB2952- 3 -LRB097 14080 AJO 58743 b

1cause of action accrues, the period of limitations shall not
2begin to run until majority is attained or the disability is
3removed.
4    (f) This Section applies to all causes of action accruing
5on or after its effective date.
6(Source: P.A. 86-1371.)