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
Effective Date: 6/4/2003