093_HB2215eng

 
HB2215 Engrossed                     LRB093 09933 WGH 10184 b

 1        AN ACT in relation to civil procedure.

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

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 13-202.2 as follows:

 6        (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
 7        Sec. 13-202.2. Childhood sexual abuse.
 8        (a)  In this Section:
 9        "Childhood  sexual  abuse"  means  an act of sexual abuse
10    that occurs when the person abused is under 18 years of age.
11        "Sexual abuse" includes but  is  not  limited  to  sexual
12    conduct and sexual penetration as defined in Section 12-12 of
13    the Criminal Code of 1961.
14        (b)  Notwithstanding  any  other  provision  of  law,  an
15    action  for  damages  for  personal injury based on childhood
16    sexual abuse must be commenced within the later  of:  (1)  10
17    years  of  the date the limitation period begins to run under
18    subsection (d); or (2) 5 2  years  of  the  date  the  person
19    abused  discovers  or through the use of reasonable diligence
20    should discover both (i) that the  act  of  childhood  sexual
21    abuse  occurred  and  (ii)  that the injury was caused by the
22    childhood sexual abuse.  The  fact  that  the  person  abused
23    discovers  or  through the use of reasonable diligence should
24    discover that the act of childhood sexual abuse  occurred  is
25    not,  by  itself,  sufficient  to  start the discovery period
26    under this subsection (b). Knowledge of the  abuse  does  not
27    constitute discovery of the injury or the causal relationship
28    between the abuse and any later-discovered injury.
29        (c)  If  the  injury  is  caused  by  2  or  more acts of
30    childhood sexual abuse that are part of a  continuing  series
31    of  acts  of  childhood sexual abuse by the same abuser, then
 
HB2215 Engrossed            -2-      LRB093 09933 WGH 10184 b
 1    the discovery period under subsection (b) shall  be  computed
 2    from  the date the person abused discovers or through the use
 3    of reasonable diligence should discover  both  (i)  that  the
 4    last  act  of childhood sexual abuse in the continuing series
 5    occurred and (ii) that the injury was caused by  any  act  of
 6    childhood  sexual  abuse  in  the continuing series. The fact
 7    that the person  abused  discovers  or  through  the  use  of
 8    reasonable  diligence  should  discover  that the last act of
 9    childhood sexual abuse in the continuing series  occurred  is
10    not,  by  itself,  sufficient  to  start the discovery period
11    under  subsection  (b).  Knowledge  of  the  abuse  does  not
12    constitute discovery of the injury or the causal relationship
13    between the abuse and any later-discovered injury.
14        (d)  The limitation periods under subsection (b)  do  not
15    begin  to  run before the person abused attains the age of 18
16    years; and, if at the time the person abused attains the  age
17    of  18  years  he or she is under other legal disability, the
18    limitation periods under subsection (b) do not begin  to  run
19    until the removal of the disability.
20        (d-1)  The  limitation  periods  in subsection (b) do not
21    run during a time period when the person abused is subject to
22    threats, intimidation, manipulation, or fraud perpetrated  by
23    the  abuser  or  by  any person acting in the interest of the
24    abuser.
25        (e)  This Section  applies  to  actions  pending  on  the
26    effective  date  of this amendatory Act of 1990 as well as to
27    actions commenced on or after that date. The changes made  by
28    this  amendatory  Act  of  1993  shall  apply only to actions
29    commenced on or after the effective date of  this  amendatory
30    Act  of  1993. The changes made by this amendatory Act of the
31    93rd  General  Assembly  apply  to  actions  pending  on  the
32    effective date of this amendatory Act  of  the  93rd  General
33    Assembly as well as actions commenced on or after that date.
34    (Source: P.A. 88-127.)
 
HB2215 Engrossed            -3-      LRB093 09933 WGH 10184 b
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.