Illinois General Assembly - Full Text of HB5278
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Full Text of HB5278  98th General Assembly




HB5278 EngrossedLRB098 16204 HEP 51263 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 13-201 as follows:
6    (735 ILCS 5/13-201)  (from Ch. 110, par. 13-201)
7    Sec. 13-201. Defamation - Privacy.
8    (a) Except as otherwise provided in this Section, actions
9Actions for slander, libel or for publication of matter
10violating the right of privacy, shall be commenced within one
11year next after the cause of action accrued.
12    (b) When slander, libel, or publication of matter violating
13the right of privacy is committed anonymously, under a false or
14fictitious name, or without identifying the speaker, author, or
15publisher sufficiently to permit an action to be commenced
16against the person, the period of limitations shall not run
17during the time period in which the person entitled to bring
18the action undertakes to discover the identity of one who may
19be responsible in damages via an action or actions brought
20under Illinois Supreme Court Rule 224 or Federal Rule of Civil
21Procedure 27 or similar actions for pre-suit discovery under
22the law of other states or nations. In no event may an action
23be commenced under this subsection (b) more than 3 years after



HB5278 Engrossed- 2 -LRB098 16204 HEP 51263 b

1the commission of the slander, libel, or publication of matter
2violating the right of privacy. Nothing in this amendatory Act
3of the 98th General Assembly extends the period of limitations
4of any claim of slander, libel, or invasion of a right of
5privacy brought against the news media, provided the identity
6of the news media is sufficiently known at the time of the
7slander, libel, or invasion of a right of privacy. As used in
8this subsection (b), "news media" means a newspaper published
9at regular intervals whether in print or electronic format, a
10news service whether in print or electronic format, a radio
11station, a television station, a television network, a
12community antenna television service, or a person or
13corporation engaged in making news reels or other motion
14picture news for public showing.
15(Source: P.A. 82-280.)