Full Text of SB2179 102nd General Assembly
SB2179enr 102ND GENERAL ASSEMBLY |
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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 13-214.3 as follows:
| 6 | | (735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
| 7 | | Sec. 13-214.3. Attorneys.
| 8 | | (a) In this Section: "attorney" includes (i) an individual | 9 | | attorney,
together with his or her employees who are | 10 | | attorneys, (ii) a professional
partnership of attorneys, | 11 | | together with its employees, partners, and
members who are | 12 | | attorneys, and (iii) a professional service corporation of
| 13 | | attorneys, together with its employees, officers, and | 14 | | shareholders who are
attorneys; and "non-attorney employee" | 15 | | means a person who is not an
attorney but is employed by an | 16 | | attorney.
| 17 | | (b) An action for damages based on tort, contract, or | 18 | | otherwise (i)
against an attorney arising out of an act or | 19 | | omission in the performance of
professional services or (ii) | 20 | | against a non-attorney employee arising out
of an act or | 21 | | omission in the course of his or her employment by an attorney
| 22 | | to assist the attorney in performing professional services
| 23 | | must be commenced within 2 years from
the time the person |
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| 1 | | bringing the action knew or reasonably should have
known of | 2 | | the injury for which damages are sought.
| 3 | | (c) Except as provided in subsection (d), an action | 4 | | described in
subsection (b) may not be commenced in any event | 5 | | more than 6 years after
the date on which the act or omission | 6 | | occurred.
| 7 | | (d) When the injury caused by the act or omission does not
| 8 | | occur until
the death of the person for whom the professional | 9 | | services were rendered,
the action may be commenced within 2 | 10 | | years after the date of the person's
death unless letters of | 11 | | office are issued or the person's will is admitted
to probate | 12 | | within that 2 year period, in which case the action must be
| 13 | | commenced within the time for filing claims against the estate | 14 | | or a
petition contesting the validity of the will of the | 15 | | deceased person,
whichever is later, as provided in the | 16 | | Probate Act of 1975. An action may not be commenced in any | 17 | | event more than 6 years after the date the professional | 18 | | services were performed.
| 19 | | (e) If the person entitled to bring the action is under the | 20 | | age of
majority or under other legal disability at the time the | 21 | | cause of action
accrues, the period of limitations shall not | 22 | | begin to run until majority is
attained or the disability is | 23 | | removed. | 24 | | (f) If the person
entitled to bring an action described in | 25 | | this Section is not under a legal disability at the time the | 26 | | cause of action accrues, but becomes under a legal disability |
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| 1 | | before the period of limitations otherwise runs, the period of | 2 | | limitations is stayed until the disability is removed. This | 3 | | subsection (f) does not invalidate any statute of repose | 4 | | provisions contained in this Section. This subsection (f) | 5 | | applies to actions commenced or pending on or after January 1, | 6 | | 2015 ( the effective date of Public Act 98-1077) this | 7 | | amendatory Act of the 98th General Assembly .
| 8 | | (g) This Section applies to any cause of action, | 9 | | regardless of the date the cause of action arises. This | 10 | | Section, however, does not bar the filing of an action based on | 11 | | the performance of professional services before the effective | 12 | | date of this amendatory Act of the 102nd General Assembly if | 13 | | the action is timely filed under the version of this Section in | 14 | | effect on January 1, 2021, and is filed within a reasonable | 15 | | period, not to exceed 6 years, after the effective date of this | 16 | | amendatory Act of the 102nd General Assembly. This Section | 17 | | applies to all causes of action accruing on or after
its | 18 | | effective date.
| 19 | | (Source: P.A. 98-1077, eff. 1-1-15 .)
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