Rep. Elaine Nekritz

Filed: 3/27/2014

 

 


 

 


 
09800HB5512ham002LRB098 17969 HEP 57753 a

1
AMENDMENT TO HOUSE BILL 5512

2    AMENDMENT NO. ______. Amend House Bill 5512 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Sections 13-211, 13-212, and 13-214.3 as follows:
 
6    (735 ILCS 5/13-211)  (from Ch. 110, par. 13-211)
7    Sec. 13-211. Minors and persons under legal disability.
8    (a) If the person entitled to bring an action, specified in
9Sections 13-201 through 13-210 of this Code Act, at the time
10the cause of action accrued, is under the age of 18 years, or
11is under a legal disability, then he or she may bring the
12action within 2 years after the person attains the age of 18
13years, or the disability is removed.
14    (b) If the person entitled to bring an action specified
15under Sections 13-201 through 13-210 of this Code is not under
16a legal disability at the time the cause of action accrues, but

 

 

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1becomes under a legal disability before the period of
2limitations otherwise runs, the period of limitations is stayed
3until the disability is removed. This subsection (b) does not
4invalidate any statute of repose provisions contained in
5Sections 13-201 through 13-210 of this Code. This subsection
6(b) applies to actions commenced or pending on or after the
7effective date of this amendatory Act of the 98th General
8Assembly.
9(Source: P.A. 85-18; 85-907; 86-1329.)
 
10    (735 ILCS 5/13-212)  (from Ch. 110, par. 13-212)
11    Sec. 13-212. Physician or hospital.
12    (a) Except as provided in Section 13-215 of this Act, no
13action for damages for injury or death against any physician,
14dentist, registered nurse or hospital duly licensed under the
15laws of this State, whether based upon tort, or breach of
16contract, or otherwise, arising out of patient care shall be
17brought more than 2 years after the date on which the claimant
18knew, or through the use of reasonable diligence should have
19known, or received notice in writing of the existence of the
20injury or death for which damages are sought in the action,
21whichever of such date occurs first, but in no event shall such
22action be brought more than 4 years after the date on which
23occurred the act or omission or occurrence alleged in such
24action to have been the cause of such injury or death.
25    (b) Except as provided in Section 13-215 of this Act, no

 

 

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1action for damages for injury or death against any physician,
2dentist, registered nurse or hospital duly licensed under the
3laws of this State, whether based upon tort, or breach of
4contract, or otherwise, arising out of patient care shall be
5brought more than 8 years after the date on which occurred the
6act or omission or occurrence alleged in such action to have
7been the cause of such injury or death where the person
8entitled to bring the action was, at the time the cause of
9action accrued, under the age of 18 years; provided, however,
10that in no event may the cause of action be brought after the
11person's 22nd birthday. If the person was under the age of 18
12years when the cause of action accrued and, as a result of this
13amendatory Act of 1987, the action is either barred or there
14remains less than 3 years to bring such action, then he or she
15may bring the action within 3 years of July 20, 1987.
16    (c) If the person entitled to bring an action described in
17this Section is, at the time the cause of action accrued, under
18a legal disability other than being under the age of 18 years,
19then the period of limitations does not begin to run until the
20disability is removed.
21    (d) If the person entitled to bring an action described in
22this Section is not under a legal disability at the time the
23cause of action accrues, but becomes under a legal disability
24before the period of limitations otherwise runs, the period of
25limitations is stayed until the disability is removed. This
26subsection (d) does not invalidate any statute of repose

 

 

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1provisions contained in this Section. This subsection (d)
2applies to actions commenced or pending on or after the
3effective date of this amendatory Act of the 98th General
4Assembly.
5(Source: P.A. 85-18; 85-907; 86-1329.)
 
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
24be commenced within 2 years from the time the person bringing
25the action knew or reasonably should have known of the injury

 

 

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1for which damages are sought.
2    (c) Except as provided in subsection (d), an action
3described in subsection (b) may not be commenced in any event
4more than 6 years after the date on which the act or omission
5occurred.
6    (d) When the injury caused by the act or omission does not
7occur until the death of the person for whom the professional
8services were rendered, the action may be commenced within 2
9years after the date of the person's death unless letters of
10office are issued or the person's will is admitted to probate
11within that 2 year period, in which case the action must be
12commenced within the time for filing claims against the estate
13or a petition contesting the validity of the will of the
14deceased person, whichever is later, as provided in the Probate
15Act of 1975.
16    (e) If the person entitled to bring the action is under the
17age of majority or under other legal disability at the time the
18cause of action accrues, the period of limitations shall not
19begin to run until majority is attained or the disability is
20removed.
21    (f) If the person entitled to bring an action described in
22this Section is not under a legal disability at the time the
23cause of action accrues, but becomes under a legal disability
24before the period of limitations otherwise runs, the period of
25limitations is stayed until the disability is removed. This
26subsection (f) does not invalidate any statute of repose

 

 

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1provisions contained in this Section. This subsection (f)
2applies to actions commenced or pending on or after the
3effective date of this amendatory Act of the 98th General
4Assembly.
5    (f) This Section applies to all causes of action accruing
6on or after its effective date.
7(Source: P.A. 86-1371.)".