Full Text of SB0153 103rd General Assembly
SB0153 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0153 Introduced 1/25/2023, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/13-202.2 | from Ch. 110, par. 13-202.2 |
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Amends the Personal Actions Part of the Limitations Article of the Code of Civil Procedure. Provides that for purposes of making claims against a bankruptcy estate, an action for personal injury brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, may be brought at any time after the cause of action accrues.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 that | 10 | | 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 11-0.1 of | 13 | | the Criminal Code of 2012.
| 14 | | (b) Notwithstanding any other provision of law, an action | 15 | | for damages
for personal injury based on childhood sexual
| 16 | | abuse must be commenced within 20 years of the date the | 17 | | limitation period
begins to run under subsection (d) or within | 18 | | 20 years of
the date the person abused
discovers or through the | 19 | | use of reasonable diligence should discover both
(i) that
the | 20 | | act of childhood sexual abuse occurred and (ii) that the | 21 | | injury was
caused
by the childhood sexual abuse.
The fact that | 22 | | the person abused discovers or through the use of reasonable
| 23 | | diligence should discover that the act of childhood sexual |
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| 1 | | abuse occurred is
not, by itself, sufficient to start the | 2 | | discovery period under this subsection
(b). Knowledge of the | 3 | | abuse does not constitute discovery of the injury
or the | 4 | | causal relationship between any later-discovered injury and | 5 | | the abuse.
| 6 | | (c) If the injury is caused by 2 or more acts of childhood | 7 | | sexual
abuse that are part of a continuing series of acts of | 8 | | childhood sexual
abuse by the same abuser, then the discovery | 9 | | period under subsection
(b) shall be computed from the date | 10 | | the person abused discovers or through
the use of reasonable | 11 | | diligence should discover both (i) that the last act
of
| 12 | | childhood sexual abuse in the continuing series occurred and | 13 | | (ii) that the
injury was caused by any act of childhood sexual | 14 | | abuse in the continuing
series.
The fact that the person | 15 | | abused discovers or through the use of reasonable
diligence | 16 | | should discover that the last act of childhood sexual abuse in | 17 | | the
continuing series occurred is not, by itself, sufficient | 18 | | to start the discovery
period under subsection (b). Knowledge | 19 | | of the abuse does not constitute
discovery of the injury
or the | 20 | | causal relationship between any later-discovered injury and | 21 | | the abuse.
| 22 | | (d) The limitation periods under subsection (b) do not | 23 | | begin to run
before the person abused attains the age of 18 | 24 | | years; and, if at the time
the person abused attains the age of | 25 | | 18 years he or she is under other
legal disability, the | 26 | | limitation periods under subsection (b) do not begin
to run |
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| 1 | | until the removal of the disability.
| 2 | | (d-1) The limitation periods in subsection (b) do not run | 3 | | during a time
period
when the person abused is subject to | 4 | | threats, intimidation,
manipulation, fraudulent concealment, | 5 | | or fraud perpetrated by the abuser or by any person acting in | 6 | | the
interest of the 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 | | The changes made by this amendatory Act of the 96th General | 17 | | Assembly apply to actions commenced on or after the effective | 18 | | date of this amendatory Act of the 96th General Assembly if the | 19 | | action would not have been time barred under any statute of | 20 | | limitations or statute of repose prior to the effective date | 21 | | of this amendatory Act of the 96th General Assembly.
| 22 | | (f) Notwithstanding any other provision of law, an action | 23 | | for damages based on childhood sexual abuse may be commenced | 24 | | at any time; provided, however, that the changes made by this | 25 | | amendatory Act of the 98th General Assembly apply to actions | 26 | | commenced on or after the effective date of this amendatory |
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| 1 | | Act of the 98th General Assembly if the action would not have | 2 | | been time barred under any statute of limitations or statute | 3 | | of repose prior to the effective date of this amendatory Act of | 4 | | the 98th General Assembly. | 5 | | (g) Notwithstanding any other provision of law, for | 6 | | purposes of making claims against a bankruptcy estate, an | 7 | | action for personal injury brought by a victim of childhood | 8 | | sexual abuse based on childhood sexual abuse, or an action | 9 | | brought by a victim of childhood sexual abuse asserting any | 10 | | claim resulting from childhood sexual abuse, may be brought at | 11 | | any time after the cause of action accrues. | 12 | | (Source: P.A. 101-435, eff. 8-20-19.)
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