Illinois General Assembly - Full Text of HB2215
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Full Text of HB2215  93rd General Assembly

HB2215ham002 93rd General Assembly


093_HB2215ham002











                                     LRB093 09933 WGH 14266 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  5  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 14266 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 abuse  and  any
 6    later-discovered injury.
 7        (c)  If  the  injury  is  caused  by  2  or  more acts of
 8    childhood sexual abuse that are part of a  continuing  series
 9    of  acts  of  childhood sexual abuse by the same abuser, then
10    the discovery period under subsection (b) shall  be  computed
11    from  the date the person abused discovers or through the use
12    of reasonable diligence should discover  both  (i)  that  the
13    last  act  of childhood sexual abuse in the continuing series
14    occurred and (ii) that the injury was caused by  any  act  of
15    childhood  sexual  abuse  in  the continuing series. The fact
16    that the person  abused  discovers  or  through  the  use  of
17    reasonable  diligence  should  discover  that the last act of
18    childhood sexual abuse in the continuing series  occurred  is
19    not,  by  itself,  sufficient  to  start the discovery period
20    under  subsection  (b).  Knowledge  of  the  abuse  does  not
21    constitute discovery of the injury or the causal relationship
22    between the abuse and any later-discovered injury.
23        (d)  The limitation periods under subsection (b)  do  not
24    begin  to  run before the person abused attains the age of 18
25    years; and, if at the time the person abused attains the  age
26    of  18  years  he or she is under other legal disability, the
27    limitation periods under subsection (b) do not begin  to  run
28    until the removal of the disability.
29        (d-1)  The  limitation  periods  in subsection (b) do not
30    run during a time period when the person abused is subject to
31    threats, intimidation, manipulation, or fraud perpetrated  by
32    the  abuser  or  by  any person acting in the interest of the
33    abuser.
34        (e)  This Section  applies  to  actions  pending  on  the
 
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 1    effective  date  of this amendatory Act of 1990 as well as to
 2    actions commenced on or after that date. The changes made  by
 3    this  amendatory  Act  of  1993  shall  apply only to actions
 4    commenced on or after the effective date of  this  amendatory
 5    Act  of  1993. The changes made by this amendatory Act of the
 6    93rd  General  Assembly  apply  to  actions  pending  on  the
 7    effective date of this amendatory Act  of  the  93rd  General
 8    Assembly as well as actions commenced on or after that date.
 9    (Source: P.A. 88-127.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.".