HB5512 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5512

 

Introduced , by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/13-211  from Ch. 110, par. 13-211
735 ILCS 5/13-212  from Ch. 110, par. 13-212
735 ILCS 5/13-214.3  from Ch. 110, par. 13-214.3

    Amends the Code of Civil Procedure. Provides that if a person is not under a legal disability at the time certain actions accrue, but becomes under a legal disability before the statutory periods of limitations for those actions otherwise run, the limitations periods are stayed until the disability is removed. Provides that the changes made by the amendatory Act apply to actions commenced or pending on or after the effective date.


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A BILL FOR

 

HB5512LRB098 17969 HEP 55451 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 Sections 13-211, 13-212, and 13-214.3 as follows:
 
6    (735 ILCS 5/13-211)  (from Ch. 110, par. 13-211)
7    Sec. 13-211. Minors and persons under legal disability. If
8the person entitled to bring an action, specified in Sections
913-201 through 13-210 of this Code Act, at the time the cause
10of action accrued, is under the age of 18 years, or is under a
11legal disability, then he or she may bring the action within 2
12years after the person attains the age of 18 years, or the
13disability is removed. If the person entitled to bring an
14action specified under Sections 13-201 through 13-210 of this
15Code is not under a legal disability at the time the action
16accrues, but becomes under a legal disability before the period
17of limitations otherwise runs, the period of limitations is
18stayed until the disability is removed. The changes made to
19this Section by this amendatory Act of the 98th General
20Assembly apply to actions commenced or pending on or after the
21effective date of this amendatory Act of the 98th General
22Assembly.
23(Source: P.A. 85-18; 85-907; 86-1329.)
 

 

 

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1    (735 ILCS 5/13-212)  (from Ch. 110, par. 13-212)
2    Sec. 13-212. Physician or hospital.
3    (a) Except as provided in Section 13-215 of this Act, no
4action for damages for injury or death against any physician,
5dentist, registered nurse or hospital duly licensed under the
6laws of this State, whether based upon tort, or breach of
7contract, or otherwise, arising out of patient care shall be
8brought more than 2 years after the date on which the claimant
9knew, or through the use of reasonable diligence should have
10known, or received notice in writing of the existence of the
11injury or death for which damages are sought in the action,
12whichever of such date occurs first, but in no event shall such
13action be brought more than 4 years after the date on which
14occurred the act or omission or occurrence alleged in such
15action to have been the cause of such injury or death.
16    (b) Except as provided in Section 13-215 of this Act, no
17action for damages for injury or death against any physician,
18dentist, registered nurse or hospital duly licensed under the
19laws of this State, whether based upon tort, or breach of
20contract, or otherwise, arising out of patient care shall be
21brought more than 8 years after the date on which occurred the
22act or omission or occurrence alleged in such action to have
23been the cause of such injury or death where the person
24entitled to bring the action was, at the time the cause of
25action accrued, under the age of 18 years; provided, however,

 

 

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1that in no event may the cause of action be brought after the
2person's 22nd birthday. If the person was under the age of 18
3years when the cause of action accrued and, as a result of this
4amendatory Act of 1987, the action is either barred or there
5remains less than 3 years to bring such action, then he or she
6may bring the action within 3 years of July 20, 1987.
7    (c) If the person entitled to bring an action described in
8this Section is, at the time the cause of action accrued, under
9a legal disability other than being under the age of 18 years,
10then the period of limitations does not begin to run until the
11disability is removed. If the person entitled to bring an
12action described in this Section is not under a legal
13disability at the time the action accrues, but becomes under a
14legal disability before the period of limitations otherwise
15runs, the period of limitations is stayed until the disability
16is removed. The changes made to this Section by this amendatory
17Act of the 98th General Assembly apply to actions commenced or
18pending on or after the effective date of this amendatory Act
19of the 98th General Assembly.
20(Source: P.A. 85-18; 85-907; 86-1329.)
 
21    (735 ILCS 5/13-214.3)  (from Ch. 110, par. 13-214.3)
22    (Text of Section WITHOUT the changes made by P.A. 89-7,
23which has been held unconstitutional)
24    Sec. 13-214.3. Attorneys.
25    (a) In this Section: "attorney" includes (i) an individual

 

 

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1attorney, together with his or her employees who are attorneys,
2(ii) a professional partnership of attorneys, together with its
3employees, partners, and members who are attorneys, and (iii) a
4professional service corporation of attorneys, together with
5its employees, officers, and shareholders who are attorneys;
6and "non-attorney employee" means a person who is not an
7attorney but is employed by an attorney.
8    (b) An action for damages based on tort, contract, or
9otherwise (i) against an attorney arising out of an act or
10omission in the performance of professional services or (ii)
11against a non-attorney employee arising out of an act or
12omission in the course of his or her employment by an attorney
13to assist the attorney in performing professional services must
14be commenced within 2 years from the time the person bringing
15the action knew or reasonably should have known of the injury
16for which damages are sought.
17    (c) Except as provided in subsection (d), an action
18described in subsection (b) may not be commenced in any event
19more than 6 years after the date on which the act or omission
20occurred.
21    (d) When the injury caused by the act or omission does not
22occur until the death of the person for whom the professional
23services were rendered, the action may be commenced within 2
24years after the date of the person's death unless letters of
25office are issued or the person's will is admitted to probate
26within that 2 year period, in which case the action must be

 

 

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1commenced within the time for filing claims against the estate
2or a petition contesting the validity of the will of the
3deceased person, whichever is later, as provided in the Probate
4Act of 1975.
5    (e) If the person entitled to bring the action is under the
6age of majority or under other legal disability at the time the
7cause of action accrues, the period of limitations shall not
8begin to run until majority is attained or the disability is
9removed. If the person entitled to bring an action described in
10this Section is not under a legal disability at the time the
11action accrues, but becomes under a legal disability before the
12period of limitations otherwise runs, the period of limitations
13is stayed until the disability is removed. The changes made to
14this Section by this amendatory Act of the 98th General
15Assembly apply to actions commenced or pending on or after the
16effective date of this amendatory Act of the 98th General
17Assembly.
18    (f) This Section applies to all causes of action accruing
19on or after its effective date.
20(Source: P.A. 86-1371.)