Illinois General Assembly - Full Text of Public Act 093-0011
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Public Act 093-0011


Public Act 93-0011 of the 93rd General Assembly

Public Act 93-0011

SB616 Enrolled                       LRB093 03380 DRJ 03398 b

    AN ACT concerning tort immunity.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.  The  Local  Governmental  and  Governmental
Employees Tort Immunity Act is amended  by  changing  Section
8-101 as follows:

    (745 ILCS 10/8-101) (from Ch. 85, par. 8-101)
    Sec. 8-101.  Limitation.
    (a)  No  civil  action  other than an action described in
subsection (b) may be commenced in any court against a  local
entity  or  any  of its employees for any injury unless it is
commenced within one year from the date that the  injury  was
received or the cause of action accrued.
    (b)  No  action  for  damages for injury or death against
any local public entity or  public  employee,  whether  based
upon  tort,  or breach of contract, or otherwise, arising out
of patient care shall be brought more than 2 years after  the
date  on  which  the  claimant  knew,  or  through the use of
reasonable diligence should have known, or received notice in
writing of the existence of the injury  or  death  for  which
damages  are  sought  in the action, whichever of those dates
occurs first, but in no event shall such an action be brought
more than 4 years after the date on which occurred the act or
omission or occurrence alleged in the action to have been the
cause of the injury or death.
    (c)  For  purposes  of  this  Article,  the  term  "civil
action" includes any action, whether based  upon  the  common
law or statutes or Constitution of this State.
    (d)  The  changes made by this amendatory Act of the 93rd
General Assembly apply to an action or proceeding pending  on
or  after  this amendatory Act's effective date, unless those
changes (i) take away or  impair  a  vested  right  that  was
acquired  under  existing  law  or (ii) with regard to a past
transaction or past consideration, create a  new  obligation,
impose a new duty, or attach a new disability.
(Source: P.A. 84-1431.)

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

Effective Date: 6/4/2003