Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1626 Latest Draft

Bill / Introduced Version Filed 02/04/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1626 Introduced 2/4/2025, 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. LRB104 03757 JRC 13781 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1626 Introduced 2/4/2025, 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.  LRB104 03757 JRC 13781 b     LRB104 03757 JRC 13781 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1626 Introduced 2/4/2025, 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
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.
LRB104 03757 JRC 13781 b     LRB104 03757 JRC 13781 b
    LRB104 03757 JRC 13781 b
A BILL FOR
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  SB1626  LRB104 03757 JRC 13781 b
1  AN ACT concerning civil law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Code of Civil Procedure is amended by
5  changing Section 13-202.2 as follows:
6  (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
7  Sec. 13-202.2. Childhood sexual abuse.
8  (a) In this Section:
9  "Childhood sexual abuse" means an act of sexual abuse that
10  occurs when the person abused is under 18 years of age.
11  "Sexual abuse" includes but is not limited to sexual
12  conduct and sexual penetration as defined in Section 11-0.1 of
13  the Criminal Code of 2012.
14  (b) Notwithstanding any other provision of law, an action
15  for damages for personal injury based on childhood sexual
16  abuse must be commenced within 20 years of the date the
17  limitation period begins to run under subsection (d) or within
18  20 years of the date the person abused discovers or through the
19  use of reasonable diligence should discover both (i) that the
20  act of childhood sexual abuse occurred and (ii) that the
21  injury was caused by the childhood sexual abuse. The fact that
22  the person abused discovers or through the use of reasonable
23  diligence should discover that the act of childhood sexual

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1626 Introduced 2/4/2025, 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
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.
LRB104 03757 JRC 13781 b     LRB104 03757 JRC 13781 b
    LRB104 03757 JRC 13781 b
A BILL FOR

 

 

735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2



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1  abuse occurred is not, by itself, sufficient to start the
2  discovery period under this subsection (b). Knowledge of the
3  abuse does not constitute discovery of the injury or the
4  causal relationship between any later-discovered injury and
5  the abuse.
6  (c) If the injury is caused by 2 or more acts of childhood
7  sexual abuse that are part of a continuing series of acts of
8  childhood sexual abuse by the same abuser, then the discovery
9  period under subsection (b) shall be computed from the date
10  the person abused discovers or through the use of reasonable
11  diligence should discover both (i) that the last act of
12  childhood sexual abuse in the continuing series occurred and
13  (ii) that the injury was caused by any act of childhood sexual
14  abuse in the continuing series. The fact that the person
15  abused discovers or through the use of reasonable diligence
16  should discover that the last act of childhood sexual abuse in
17  the continuing series occurred is not, by itself, sufficient
18  to start the discovery period under subsection (b). Knowledge
19  of the abuse does not constitute discovery of the injury or the
20  causal relationship between any later-discovered injury and
21  the abuse.
22  (d) The limitation periods under subsection (b) do not
23  begin to run before the person abused attains the age of 18
24  years; and, if at the time the person abused attains the age of
25  18 years he or she is under other legal disability, the
26  limitation periods under subsection (b) do not begin to run

 

 

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1  until the removal of the disability.
2  (d-1) The limitation periods in subsection (b) do not run
3  during a time period when the person abused is subject to
4  threats, intimidation, manipulation, fraudulent concealment,
5  or fraud perpetrated by the abuser or by any person acting in
6  the interest of the abuser.
7  (e) This Section applies to actions pending on the
8  effective date of this amendatory Act of 1990 as well as to
9  actions commenced on or after that date. The changes made by
10  this amendatory Act of 1993 shall apply only to actions
11  commenced on or after the effective date of this amendatory
12  Act of 1993. The changes made by this amendatory Act of the
13  93rd General Assembly apply to actions pending on the
14  effective date of this amendatory Act of the 93rd General
15  Assembly as well as actions commenced on or after that date.
16  The changes made by this amendatory Act of the 96th General
17  Assembly apply to actions commenced on or after the effective
18  date of this amendatory Act of the 96th General Assembly if the
19  action would not have been time barred under any statute of
20  limitations or statute of repose prior to the effective date
21  of this amendatory Act of the 96th General Assembly.
22  (f) Notwithstanding any other provision of law, an action
23  for damages based on childhood sexual abuse may be commenced
24  at any time; provided, however, that the changes made by this
25  amendatory Act of the 98th General Assembly apply to actions
26  commenced on or after the effective date of this amendatory

 

 

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