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| Public Act 102-0377 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 13-214.3 as follows:
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(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
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Sec. 13-214.3. Attorneys.
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(a) In this Section: "attorney" includes (i) an individual | ||||
attorney,
together with his or her employees who are | ||||
attorneys, (ii) a professional
partnership of attorneys, | ||||
together with its employees, partners, and
members who are | ||||
attorneys, and (iii) a professional service corporation of
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attorneys, together with its employees, officers, and | ||||
shareholders who are
attorneys; and "non-attorney employee" | ||||
means a person who is not an
attorney but is employed by an | ||||
attorney.
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(b) An action for damages based on tort, contract, or | ||||
otherwise (i)
against an attorney arising out of an act or | ||||
omission in the performance of
professional services or (ii) | ||||
against a non-attorney employee arising out
of an act or | ||||
omission in the course of his or her employment by an attorney
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to assist the attorney in performing professional services
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must be commenced within 2 years from
the time the person | ||||
bringing the action knew or reasonably should have
known of | ||
the injury for which damages are sought.
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(c) Except as provided in subsection (d), an action | ||
described in
subsection (b) may not be commenced in any event | ||
more than 6 years after
the date on which the act or omission | ||
occurred.
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(d) When the injury caused by the act or omission does not
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occur until
the death of the person for whom the professional | ||
services were rendered,
the action may be commenced within 2 | ||
years after the date of the person's
death unless letters of | ||
office are issued or the person's will is admitted
to probate | ||
within that 2 year period, in which case the action must be
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commenced within the time for filing claims against the estate | ||
or a
petition contesting the validity of the will of the | ||
deceased person,
whichever is later, as provided in the | ||
Probate Act of 1975. An action may not be commenced in any | ||
event more than 6 years after the date the professional | ||
services were performed.
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(e) If the person entitled to bring the action is under the | ||
age of
majority or under other legal disability at the time the | ||
cause of action
accrues, the period of limitations shall not | ||
begin to run until majority is
attained or the disability is | ||
removed. | ||
(f) If the person
entitled to bring an action described in | ||
this Section is not under a legal disability at the time the | ||
cause of action accrues, but becomes under a legal disability | ||
before the period of limitations otherwise runs, the period of | ||
limitations is stayed until the disability is removed. This | ||
subsection (f) does not invalidate any statute of repose | ||
provisions contained in this Section. This subsection (f) | ||
applies to actions commenced or pending on or after January 1, | ||
2015 (the effective date of Public Act 98-1077) this | ||
amendatory Act of the 98th General Assembly.
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(g) This Section applies to any cause of action, | ||
regardless of the date the cause of action arises. This | ||
Section, however, does not bar the filing of an action based on | ||
the performance of professional services before the effective | ||
date of this amendatory Act of the 102nd General Assembly if | ||
the action is timely filed under the version of this Section in | ||
effect on January 1, 2021, and is filed within a reasonable | ||
period, not to exceed 6 years, after the effective date of this | ||
amendatory Act of the 102nd General Assembly. This Section | ||
applies to all causes of action accruing on or after
its | ||
effective date.
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(Source: P.A. 98-1077, eff. 1-1-15.)
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