Illinois General Assembly - Full Text of SB2179
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Full Text of SB2179  102nd General Assembly

SB2179enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2179 EnrolledLRB102 02589 LNS 12592 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    Sec. 13-214.3. Attorneys.
8    (a) In this Section: "attorney" includes (i) an individual
9attorney, together with his or her employees who are
10attorneys, (ii) a professional partnership of attorneys,
11together with its employees, partners, and members who are
12attorneys, and (iii) a professional service corporation of
13attorneys, together with its employees, officers, and
14shareholders who are attorneys; and "non-attorney employee"
15means a person who is not an attorney but is employed by an
16attorney.
17    (b) An action for damages based on tort, contract, or
18otherwise (i) against an attorney arising out of an act or
19omission in the performance of professional services or (ii)
20against a non-attorney employee arising out of an act or
21omission in the course of his or her employment by an attorney
22to assist the attorney in performing professional services
23must be commenced within 2 years from the time the person

 

 

SB2179 Enrolled- 2 -LRB102 02589 LNS 12592 b

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

 

 

SB2179 Enrolled- 3 -LRB102 02589 LNS 12592 b

1before the period of limitations otherwise runs, the period of
2limitations is stayed until the disability is removed. This
3subsection (f) does not invalidate any statute of repose
4provisions contained in this Section. This subsection (f)
5applies to actions commenced or pending on or after January 1,
62015 (the effective date of Public Act 98-1077) this
7amendatory Act of the 98th General Assembly.
8    (g) This Section applies to any cause of action,
9regardless of the date the cause of action arises. This
10Section, however, does not bar the filing of an action based on
11the performance of professional services before the effective
12date of this amendatory Act of the 102nd General Assembly if
13the action is timely filed under the version of this Section in
14effect on January 1, 2021, and is filed within a reasonable
15period, not to exceed 6 years, after the effective date of this
16amendatory Act of the 102nd General Assembly. This Section
17applies to all causes of action accruing on or after its
18effective date.
19(Source: P.A. 98-1077, eff. 1-1-15.)