| 4 | | - | AN ACT concerning civil law. |
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| 5 | | - | Be it enacted by the People of the State of Illinois, |
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| 6 | | - | represented in the General Assembly: |
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| 7 | | - | Section 5. The Code of Civil Procedure is amended by |
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| 8 | | - | changing Section 2-1116 and by adding Article XXIII as |
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| 9 | | - | follows: |
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| 10 | | - | (735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116) |
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| 11 | | - | (Text of Section WITHOUT the changes made by P.A. 89-7, |
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| 12 | | - | which has been held unconstitutional) |
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| 13 | | - | Sec. 2-1116. Limitation on recovery in tort actions. |
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| 14 | | - | In all actions on account of bodily injury or death or |
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| 15 | | - | physical damage to property, based on negligence, or product |
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| 16 | | - | liability based on strict tort liability, the plaintiff shall |
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| 17 | | - | be barred from recovering damages if the trier of fact finds |
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| 18 | | - | that the contributory fault on the part of the plaintiff is |
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| 19 | | - | more than 50% of the proximate cause of the injury or damage |
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| 20 | | - | for which recovery is sought. The plaintiff shall not be |
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| 21 | | - | barred from recovering damages if the trier of fact finds that |
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| 22 | | - | the contributory fault on the part of the plaintiff is not more |
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| 23 | | - | than 50% of the proximate cause of the injury or damage for |
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| 24 | | - | which recovery is sought, but any damages allowed shall be |
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| 25 | | - | diminished in the proportion to the amount of fault |
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| 26 | | - | attributable to the plaintiff. |
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| 3 | + | 1 AN ACT concerning civil law. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Code of Civil Procedure is amended by |
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| 7 | + | 5 changing Section 2-1116 and by adding Article XXIII as |
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| 8 | + | 6 follows: |
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| 9 | + | 7 (735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116) |
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| 10 | + | 8 (Text of Section WITHOUT the changes made by P.A. 89-7, |
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| 11 | + | 9 which has been held unconstitutional) |
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| 12 | + | 10 Sec. 2-1116. Limitation on recovery in tort actions. |
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| 13 | + | 11 In all actions on account of bodily injury or death or |
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| 14 | + | 12 physical damage to property, based on negligence, or product |
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| 15 | + | 13 liability based on strict tort liability, the plaintiff shall |
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| 16 | + | 14 be barred from recovering damages if the trier of fact finds |
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| 17 | + | 15 that the contributory fault on the part of the plaintiff is |
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| 18 | + | 16 more than 50% of the proximate cause of the injury or damage |
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| 19 | + | 17 for which recovery is sought. The plaintiff shall not be |
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| 20 | + | 18 barred from recovering damages if the trier of fact finds that |
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| 21 | + | 19 the contributory fault on the part of the plaintiff is not more |
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| 22 | + | 20 than 50% of the proximate cause of the injury or damage for |
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| 23 | + | 21 which recovery is sought, but any damages allowed shall be |
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| 24 | + | 22 diminished in the proportion to the amount of fault |
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| 25 | + | 23 attributable to the plaintiff. |
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| 33 | | - | No contributory fault may be attributed to a plaintiff |
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| 34 | | - | bringing an action for damages for personal injury based on |
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| 35 | | - | childhood sexual abuse as defined in Section 13-202.2. |
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| 36 | | - | (Source: P.A. 84-1431.) |
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| 37 | | - | (735 ILCS 5/Art. XXIII heading new) |
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| 38 | | - | ARTICLE XXIII. |
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| 39 | | - | SEXUAL ABUSE PER SE HARMFUL |
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| 40 | | - | (735 ILCS 5/23-101 new) |
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| 41 | | - | Sec. 23-101. Sexual abuse per se harmful. For an action |
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| 42 | | - | arising out of an injury caused by sexual conduct or sexual |
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| 43 | | - | penetration as defined in Section 11-0.1 of the Criminal Code |
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| 44 | | - | of 2012, if the plaintiff proves by a preponderance of the |
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| 45 | | - | evidence that the defendant committed childhood sexual abuse |
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| 46 | | - | as defined in Section 13-202.2 against the plaintiff, such |
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| 47 | | - | sexual conduct or sexual penetration shall be considered |
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| 48 | | - | obviously and materially harmful to the plaintiff and shall be |
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| 49 | | - | deemed by the court per se harmful and traumatic. The |
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| 50 | | - | plaintiff need not present additional evidence to prove they |
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| 51 | | - | were harmed. The plaintiff may present additional evidence to |
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| 52 | | - | show the extent of such harm. |
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| 53 | | - | Nothing in this Section shall be construed to state that a |
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| 54 | | - | plaintiff discovered the cause of action at any particular |
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| 55 | | - | time, or that a plaintiff realized that the plaintiff's |
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| 56 | | - | damages were related to the plaintiff's sexual abuse at any |
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| 32 | + | HB0222 Enrolled- 2 -LRB103 03746 LNS 48752 b HB0222 Enrolled - 2 - LRB103 03746 LNS 48752 b |
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| 33 | + | HB0222 Enrolled - 2 - LRB103 03746 LNS 48752 b |
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| 34 | + | 1 No contributory fault may be attributed to a plaintiff |
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| 35 | + | 2 bringing an action for damages for personal injury based on |
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| 36 | + | 3 childhood sexual abuse as defined in Section 13-202.2. |
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| 37 | + | 4 (Source: P.A. 84-1431.) |
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| 38 | + | 5 (735 ILCS 5/Art. XXIII heading new) |
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| 39 | + | 6 ARTICLE XXIII. |
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| 40 | + | 7 SEXUAL ABUSE PER SE HARMFUL |
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| 41 | + | 8 (735 ILCS 5/23-101 new) |
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| 42 | + | 9 Sec. 23-101. Sexual abuse per se harmful. For an action |
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| 43 | + | 10 arising out of an injury caused by sexual conduct or sexual |
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| 44 | + | 11 penetration as defined in Section 11-0.1 of the Criminal Code |
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| 45 | + | 12 of 2012, if the plaintiff proves by a preponderance of the |
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| 46 | + | 13 evidence that the defendant committed childhood sexual abuse |
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| 47 | + | 14 as defined in Section 13-202.2 against the plaintiff, such |
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| 48 | + | 15 sexual conduct or sexual penetration shall be considered |
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| 49 | + | 16 obviously and materially harmful to the plaintiff and shall be |
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| 50 | + | 17 deemed by the court per se harmful and traumatic. The |
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| 51 | + | 18 plaintiff need not present additional evidence to prove they |
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| 52 | + | 19 were harmed. The plaintiff may present additional evidence to |
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| 53 | + | 20 show the extent of such harm. |
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| 54 | + | 21 Nothing in this Section shall be construed to state that a |
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| 55 | + | 22 plaintiff discovered the cause of action at any particular |
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| 56 | + | 23 time, or that a plaintiff realized that the plaintiff's |
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| 57 | + | 24 damages were related to the plaintiff's sexual abuse at any |
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| 59 | | - | particular time. |
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| 60 | | - | This Section applies to causes of action arising on or |
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| 61 | | - | after the effective date of this amendatory Act of the 103rd |
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| 62 | | - | General Assembly or to causes of action for which the |
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| 63 | | - | limitation period has not yet expired. |
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| 60 | + | |
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| 61 | + | |
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| 62 | + | |
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| 63 | + | HB0222 Enrolled - 2 - LRB103 03746 LNS 48752 b |
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| 64 | + | |
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| 65 | + | |
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| 66 | + | HB0222 Enrolled- 3 -LRB103 03746 LNS 48752 b HB0222 Enrolled - 3 - LRB103 03746 LNS 48752 b |
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| 67 | + | HB0222 Enrolled - 3 - LRB103 03746 LNS 48752 b |
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| 68 | + | 1 particular time. |
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| 69 | + | 2 This Section applies to causes of action arising on or |
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| 70 | + | 3 after the effective date of this amendatory Act of the 103rd |
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| 71 | + | 4 General Assembly or to causes of action for which the |
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| 72 | + | 5 limitation period has not yet expired. |
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| 73 | + | |
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| 74 | + | |
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| 75 | + | |
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| 76 | + | |
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| 77 | + | |
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| 78 | + | HB0222 Enrolled - 3 - LRB103 03746 LNS 48752 b |
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