Sen. Terry Link
Filed: 4/15/2013
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1 | AMENDMENT TO SENATE BILL 1399
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2 | AMENDMENT NO. ______. Amend Senate Bill 1399 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 13-202.2 as follows:
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6 | (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
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7 | Sec. 13-202.2. Childhood sexual abuse.
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8 | (a) In this Section:
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9 | "Childhood sexual abuse" means an act of sexual
abuse that | ||||||
10 | occurs when the person abused is under 18 years of age.
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11 | "Sexual abuse" includes but is not limited to sexual | ||||||
12 | conduct and sexual
penetration as defined in Section 11-0.1 of | ||||||
13 | the Criminal Code of 2012.
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14 | (b) Notwithstanding any other provision of law, an action | ||||||
15 | for damages
for personal injury based on childhood sexual
abuse | ||||||
16 | must be commenced within 20 years of the date the limitation |
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1 | period
begins to run under subsection (d) or within 20 years of
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2 | the date the person abused
discovers or through the use of | ||||||
3 | reasonable diligence should discover both
(i) that
the act of | ||||||
4 | childhood sexual abuse occurred and (ii) that the injury was
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5 | caused
by the childhood sexual abuse.
The fact that the person | ||||||
6 | abused discovers or through the use of reasonable
diligence | ||||||
7 | should discover that the act of childhood sexual abuse occurred | ||||||
8 | is
not, by itself, sufficient to start the discovery period | ||||||
9 | under this subsection
(b). Knowledge of the abuse does not | ||||||
10 | constitute discovery of the injury
or the causal relationship | ||||||
11 | between any later-discovered injury and the abuse.
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12 | (c) If the injury is caused by 2 or more acts of childhood | ||||||
13 | sexual
abuse that are part of a continuing series of acts of | ||||||
14 | childhood sexual
abuse by the same abuser, then the discovery | ||||||
15 | period under subsection
(b) shall be computed from the date the | ||||||
16 | person abused discovers or through
the use of reasonable | ||||||
17 | diligence should discover both (i) that the last act
of
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18 | childhood sexual abuse in the continuing series occurred and | ||||||
19 | (ii) that the
injury was caused by any act of childhood sexual | ||||||
20 | abuse in the continuing
series.
The fact that the person abused | ||||||
21 | discovers or through the use of reasonable
diligence should | ||||||
22 | discover that the last act of childhood sexual abuse in the
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23 | continuing series occurred is not, by itself, sufficient to | ||||||
24 | start the discovery
period under subsection (b). Knowledge of | ||||||
25 | the abuse does not constitute
discovery of the injury
or the | ||||||
26 | causal relationship between any later-discovered injury and |
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1 | the abuse.
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2 | (d) The limitation periods under subsection (b) do not | ||||||
3 | begin to run
before the person abused attains the age of 18 | ||||||
4 | years; and, if at the time
the person abused attains the age of | ||||||
5 | 18 years he or she is under other
legal disability, the | ||||||
6 | limitation periods under subsection (b) do not begin
to run | ||||||
7 | until the removal of the disability.
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8 | (d-1) The limitation periods in subsection (b) do not run | ||||||
9 | during a time
period
when the person abused is subject to | ||||||
10 | threats, intimidation,
manipulation, or fraud perpetrated by | ||||||
11 | the abuser or by any person acting in the
interest of the | ||||||
12 | abuser.
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13 | (e) This Section applies to actions pending on the | ||||||
14 | effective date of
this amendatory Act of 1990 as well as to | ||||||
15 | actions commenced on or after
that date. The changes made by | ||||||
16 | this amendatory Act of 1993 shall apply only
to actions | ||||||
17 | commenced on or after the effective date of this amendatory Act | ||||||
18 | of
1993.
The changes made by this amendatory Act of the 93rd | ||||||
19 | General Assembly apply to
actions pending on the effective date
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20 | of this amendatory Act of the 93rd General
Assembly as well as | ||||||
21 | actions commenced on or after that date. The changes made by | ||||||
22 | this amendatory Act of the 96th General Assembly apply to | ||||||
23 | actions commenced on or after the effective date of this | ||||||
24 | amendatory Act of the 96th General Assembly if the action would | ||||||
25 | not have been time barred under any statute of limitations or | ||||||
26 | statute of repose prior to the effective date of this |
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1 | amendatory Act of the 96th General Assembly.
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2 | (f) Subsections (b) through (e) of this Section do not | ||||||
3 | apply on and after the effective date of this amendatory Act of | ||||||
4 | the 98th General Assembly. | ||||||
5 | (g) Notwithstanding any other provision of law, an action | ||||||
6 | for damages based on childhood sexual abuse may be commenced at | ||||||
7 | any time. | ||||||
8 | (h) The changes made by this amendatory Act of the 98th | ||||||
9 | General Assembly apply to actions commenced on or after the | ||||||
10 | effective date of this Amendatory Act of the 98th General | ||||||
11 | Assembly if the action would not have been time barred under | ||||||
12 | any statute of limitations or statute of repose prior to the | ||||||
13 | effective date of this amendatory Act of the 98th General | ||||||
14 | Assembly. | ||||||
15 | (Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11; | ||||||
16 | 97-1150, eff. 1-25-13.)".
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