093_HB2215ham001

 










                                     LRB093 09933 WGH 13301 a

 1                    AMENDMENT TO HOUSE BILL 2215

 2        AMENDMENT NO.     .  Amend House Bill 2215  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Code  of Civil Procedure is amended by
 5    changing 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
10    that occurs when the person abused is under 18 years of age.
11        "Sexual  abuse"  includes  but  is  not limited to sexual
12    conduct and sexual penetration as defined in Section 12-12 of
13    the Criminal Code of 1961.
14        (b)  Notwithstanding  any  other  provision  of  law,  an
15    action for damages for personal  injury  based  on  childhood
16    sexual  abuse  must  be commenced within 10 years of the date
17    the limitation period begins to run under subsection  (d)  or
18    within  10 2 years of the date the person abused discovers or
19    through the use of reasonable diligence should discover  both
20    (i)  that the act of childhood sexual abuse occurred and (ii)
21    that the injury was caused by the childhood sexual abuse. The
22    fact that the person abused discovers or through the  use  of
 
                            -2-      LRB093 09933 WGH 13301 a
 1    reasonable   diligence   should  discover  that  the  act  of
 2    childhood sexual abuse occurred is not, by itself, sufficient
 3    to start the discovery  period  under  this  subsection  (b).
 4    Knowledge  of  the abuse does not constitute discovery of the
 5    injury or the causal relationship between the injury and  the
 6    abuse.  Knowledge that the injury was caused by the childhood
 7    sexual abuse does not  occur  until  the  memory,  knowledge,
 8    understanding,  acceptance, and volition of the person abused
 9    have coalesced so as to enable the person abused to act.
10        (c)  If the injury  is  caused  by  2  or  more  acts  of
11    childhood  sexual  abuse that are part of a continuing series
12    of acts of childhood sexual abuse by the  same  abuser,  then
13    the  discovery  period under subsection (b) shall be computed
14    from the date the person abused discovers or through the  use
15    of  reasonable  diligence  should  discover both (i) that the
16    last act of childhood sexual abuse in the  continuing  series
17    occurred  and  (ii)  that the injury was caused by any act of
18    childhood sexual abuse in the  continuing  series.  The  fact
19    that  the  person  abused  discovers  or  through  the use of
20    reasonable diligence should discover that  the  last  act  of
21    childhood  sexual  abuse in the continuing series occurred is
22    not, by itself, sufficient  to  start  the  discovery  period
23    under  subsection  (b).  Knowledge  of  the  abuse  does  not
24    constitute discovery of the injury or the causal relationship
25    between  the  injury and the abuse. Knowledge that the injury
26    was caused by the childhood sexual abuse does not occur until
27    the  memory,  knowledge,   understanding,   acceptance,   and
28    volition  of the person abused have coalesced so as to enable
29    the person abused to act.
30        (d)  The limitation periods under subsection (b)  do  not
31    begin  to  run before the person abused attains the age of 18
32    years; and, if at the time the person abused attains the  age
33    of  18  years  he or she is under other legal disability, the
34    limitation periods under subsection (b) do not begin  to  run
 
                            -3-      LRB093 09933 WGH 13301 a
 1    until the removal of the disability.
 2        (d-1)  The  limitation  periods  in subsection (b) do not
 3    run during a time period when the person abused is subject to
 4    threats, intimidation, manipulation, or fraud perpetrated  by
 5    the  abuser  or  by  any person acting in the interest of the
 6    abuser.
 7        (e)  This Section  applies  to  actions  pending  on  the
 8    effective  date  of this amendatory Act of 1990 as well as to
 9    actions commenced on or after that date. The changes made  by
10    this  amendatory  Act  of  1993  shall  apply only to actions
11    commenced on or after the effective date of  this  amendatory
12    Act  of  1993. The changes made by this amendatory Act of the
13    93rd  General  Assembly  apply  to  actions  pending  on  the
14    effective date of this amendatory Act  of  the  93rd  General
15    Assembly as well as actions commenced on or after that date.
16    (Source: P.A. 88-127.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.".