Sen. Terry Link

Filed: 4/23/2013

 

 


 

 


 
09800SB1399sam003LRB098 10033 HEP 44875 a

1
AMENDMENT TO SENATE BILL 1399

2    AMENDMENT NO. ______. Amend Senate Bill 1399 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing 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 that
10occurs when the person abused is under 18 years of age.
11    "Sexual abuse" includes but is not limited to sexual
12conduct and sexual penetration as defined in Section 11-0.1 of
13the Criminal Code of 2012.
14    (b) Notwithstanding any other provision of law, an action
15for damages for personal injury based on childhood sexual abuse
16must be commenced within 20 years of the date the limitation

 

 

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1period begins to run under subsection (d) or within 20 years of
2the date the person abused discovers or through the use of
3reasonable diligence should discover both (i) that the act of
4childhood sexual abuse occurred and (ii) that the injury was
5caused by the childhood sexual abuse. The fact that the person
6abused discovers or through the use of reasonable diligence
7should discover that the act of childhood sexual abuse occurred
8is not, by itself, sufficient to start the discovery period
9under this subsection (b). Knowledge of the abuse does not
10constitute discovery of the injury or the causal relationship
11between any later-discovered injury and the abuse.
12    (c) If the injury is caused by 2 or more acts of childhood
13sexual abuse that are part of a continuing series of acts of
14childhood sexual abuse by the same abuser, then the discovery
15period under subsection (b) shall be computed from the date the
16person abused discovers or through the use of reasonable
17diligence should discover both (i) that the last act of
18childhood sexual abuse in the continuing series occurred and
19(ii) that the injury was caused by any act of childhood sexual
20abuse in the continuing series. The fact that the person abused
21discovers or through the use of reasonable diligence should
22discover that the last act of childhood sexual abuse in the
23continuing series occurred is not, by itself, sufficient to
24start the discovery period under subsection (b). Knowledge of
25the abuse does not constitute discovery of the injury or the
26causal relationship between any later-discovered injury and

 

 

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1the abuse.
2    (d) The limitation periods under subsection (b) do not
3begin to run before the person abused attains the age of 18
4years; and, if at the time the person abused attains the age of
518 years he or she is under other legal disability, the
6limitation periods under subsection (b) do not begin to run
7until the removal of the disability.
8    (d-1) The limitation periods in subsection (b) do not run
9during a time period when the person abused is subject to
10threats, intimidation, manipulation, or fraud perpetrated by
11the abuser or by any person acting in the interest of the
12abuser.
13    (e) This Section applies to actions pending on the
14effective date of this amendatory Act of 1990 as well as to
15actions commenced on or after that date. The changes made by
16this amendatory Act of 1993 shall apply only to actions
17commenced on or after the effective date of this amendatory Act
18of 1993. The changes made by this amendatory Act of the 93rd
19General Assembly apply to actions pending on the effective date
20of this amendatory Act of the 93rd General Assembly as well as
21actions commenced on or after that date. The changes made by
22this amendatory Act of the 96th General Assembly apply to
23actions commenced on or after the effective date of this
24amendatory Act of the 96th General Assembly if the action would
25not have been time barred under any statute of limitations or
26statute of repose prior to the effective date of this

 

 

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1amendatory Act of the 96th General Assembly.
2    (f) Notwithstanding any other provision of law, an action
3for damages based on childhood sexual abuse may be commenced at
4any time; provided, however, that the changes made by this
5amendatory Act of the 98th General Assembly apply to actions
6commenced on or after the effective date of this amendatory Act
7of the 98th General Assembly if the action would not have been
8time barred under any statute of limitations or statute of
9repose prior to the effective date of this amendatory Act of
10the 98th General Assembly.
11(Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11;
1297-1150, eff. 1-25-13.)".