Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0153 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0153 Introduced 1/25/2023, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2 Amends the Personal Actions Part of the Limitations Article of the Code of Civil Procedure. Provides that for purposes of making claims against a bankruptcy estate, an action for personal injury brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, may be brought at any time after the cause of action accrues. LRB103 26378 LNS 52740 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0153 Introduced 1/25/2023, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2 Amends the Personal Actions Part of the Limitations Article of the Code of Civil Procedure. Provides that for purposes of making claims against a bankruptcy estate, an action for personal injury brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, may be brought at any time after the cause of action accrues. LRB103 26378 LNS 52740 b LRB103 26378 LNS 52740 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0153 Introduced 1/25/2023, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
3	3	735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
4	4	735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
5	5	Amends the Personal Actions Part of the Limitations Article of the Code of Civil Procedure. Provides that for purposes of making claims against a bankruptcy estate, an action for personal injury brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, may be brought at any time after the cause of action accrues.
6	6	LRB103 26378 LNS 52740 b LRB103 26378 LNS 52740 b
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8	8	A BILL FOR
9	9	SB0153LRB103 26378 LNS 52740 b SB0153 LRB103 26378 LNS 52740 b
10	10	SB0153 LRB103 26378 LNS 52740 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Civil Procedure is amended by
15	15	5 changing Section 13-202.2 as follows:
16	16	6 (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
17	17	7 Sec. 13-202.2. Childhood sexual abuse.
18	18	8 (a) In this Section:
19	19	9 "Childhood sexual abuse" means an act of sexual abuse that
20	20	10 occurs when the person abused is under 18 years of age.
21	21	11 "Sexual abuse" includes but is not limited to sexual
22	22	12 conduct and sexual penetration as defined in Section 11-0.1 of
23	23	13 the Criminal Code of 2012.
24	24	14 (b) Notwithstanding any other provision of law, an action
25	25	15 for damages for personal injury based on childhood sexual
26	26	16 abuse must be commenced within 20 years of the date the
27	27	17 limitation period begins to run under subsection (d) or within
28	28	18 20 years of the date the person abused discovers or through the
29	29	19 use of reasonable diligence should discover both (i) that the
30	30	20 act of childhood sexual abuse occurred and (ii) that the
31	31	21 injury was caused by the childhood sexual abuse. The fact that
32	32	22 the person abused discovers or through the use of reasonable
33	33	23 diligence should discover that the act of childhood sexual
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0153 Introduced 1/25/2023, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
38	38	735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
39	39	735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
40	40	Amends the Personal Actions Part of the Limitations Article of the Code of Civil Procedure. Provides that for purposes of making claims against a bankruptcy estate, an action for personal injury brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, may be brought at any time after the cause of action accrues.
41	41	LRB103 26378 LNS 52740 b LRB103 26378 LNS 52740 b
42	42	LRB103 26378 LNS 52740 b
43	43	A BILL FOR
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49	49	735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
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68	68	1 abuse occurred is not, by itself, sufficient to start the
69	69	2 discovery period under this subsection (b). Knowledge of the
70	70	3 abuse does not constitute discovery of the injury or the
71	71	4 causal relationship between any later-discovered injury and
72	72	5 the abuse.
73	73	6 (c) If the injury is caused by 2 or more acts of childhood
74	74	7 sexual abuse that are part of a continuing series of acts of
75	75	8 childhood sexual abuse by the same abuser, then the discovery
76	76	9 period under subsection (b) shall be computed from the date
77	77	10 the person abused discovers or through the use of reasonable
78	78	11 diligence should discover both (i) that the last act of
79	79	12 childhood sexual abuse in the continuing series occurred and
80	80	13 (ii) that the injury was caused by any act of childhood sexual
81	81	14 abuse in the continuing series. The fact that the person
82	82	15 abused discovers or through the use of reasonable diligence
83	83	16 should discover that the last act of childhood sexual abuse in
84	84	17 the continuing series occurred is not, by itself, sufficient
85	85	18 to start the discovery period under subsection (b). Knowledge
86	86	19 of the abuse does not constitute discovery of the injury or the
87	87	20 causal relationship between any later-discovered injury and
88	88	21 the abuse.
89	89	22 (d) The limitation periods under subsection (b) do not
90	90	23 begin to run before the person abused attains the age of 18
91	91	24 years; and, if at the time the person abused attains the age of
92	92	25 18 years he or she is under other legal disability, the
93	93	26 limitation periods under subsection (b) do not begin to run
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104	104	1 until the removal of the disability.
105	105	2 (d-1) The limitation periods in subsection (b) do not run
106	106	3 during a time period when the person abused is subject to
107	107	4 threats, intimidation, manipulation, fraudulent concealment,
108	108	5 or fraud perpetrated by the abuser or by any person acting in
109	109	6 the interest of the abuser.
110	110	7 (e) This Section applies to actions pending on the
111	111	8 effective date of this amendatory Act of 1990 as well as to
112	112	9 actions commenced on or after that date. The changes made by
113	113	10 this amendatory Act of 1993 shall apply only to actions
114	114	11 commenced on or after the effective date of this amendatory
115	115	12 Act of 1993. The changes made by this amendatory Act of the
116	116	13 93rd General Assembly apply to actions pending on the
117	117	14 effective date of this amendatory Act of the 93rd General
118	118	15 Assembly as well as actions commenced on or after that date.
119	119	16 The changes made by this amendatory Act of the 96th General
120	120	17 Assembly apply to actions commenced on or after the effective
121	121	18 date of this amendatory Act of the 96th General Assembly if the
122	122	19 action would not have been time barred under any statute of
123	123	20 limitations or statute of repose prior to the effective date
124	124	21 of this amendatory Act of the 96th General Assembly.
125	125	22 (f) Notwithstanding any other provision of law, an action
126	126	23 for damages based on childhood sexual abuse may be commenced
127	127	24 at any time; provided, however, that the changes made by this
128	128	25 amendatory Act of the 98th General Assembly apply to actions
129	129	26 commenced on or after the effective date of this amendatory
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140	140	1 Act of the 98th General Assembly if the action would not have
141	141	2 been time barred under any statute of limitations or statute
142	142	3 of repose prior to the effective date of this amendatory Act of
143	143	4 the 98th General Assembly.
144	144	5 (g) Notwithstanding any other provision of law, for
145	145	6 purposes of making claims against a bankruptcy estate, an
146	146	7 action for personal injury brought by a victim of childhood
147	147	8 sexual abuse based on childhood sexual abuse, or an action
148	148	9 brought by a victim of childhood sexual abuse asserting any
149	149	10 claim resulting from childhood sexual abuse, may be brought at
150	150	11 any time after the cause of action accrues.
151	151	12 (Source: P.A. 101-435, eff. 8-20-19.)
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