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

HB2215ham003 93rd General Assembly


093_HB2215ham003











                                     LRB093 09933 WGH 14365 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 the later of: (1) 10
17    years of the date the limitation period begins to  run  under
18    subsection  (d);  or  (2)  5  2  years of the date the person
19    abused discovers or through the use of  reasonable  diligence
20    should  discover  both  (i)  that the act of childhood sexual
21    abuse occurred and (ii) that the injury  was  caused  by  the
22    childhood  sexual  abuse.  The  fact  that  the person abused
 
                            -2-      LRB093 09933 WGH 14365 a
 1    discovers or through the use of reasonable  diligence  should
 2    discover  that  the act of childhood sexual abuse occurred is
 3    not, by itself, sufficient  to  start  the  discovery  period
 4    under  this  subsection  (b). Knowledge of the abuse does not
 5    constitute discovery of the injury or the causal relationship
 6    between the abuse and any 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
 
                            -3-      LRB093 09933 WGH 14365 a
 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.".