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 SB1626LRB104 03757 JRC 13781 b SB1626 LRB104 03757 JRC 13781 b 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 LRB104 03757 JRC 13781 b SB1626 LRB104 03757 JRC 13781 b SB1626- 2 -LRB104 03757 JRC 13781 b SB1626 - 2 - LRB104 03757 JRC 13781 b SB1626 - 2 - LRB104 03757 JRC 13781 b 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 SB1626 - 2 - LRB104 03757 JRC 13781 b SB1626- 3 -LRB104 03757 JRC 13781 b SB1626 - 3 - LRB104 03757 JRC 13781 b SB1626 - 3 - LRB104 03757 JRC 13781 b 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 SB1626 - 3 - LRB104 03757 JRC 13781 b SB1626- 4 -LRB104 03757 JRC 13781 b SB1626 - 4 - LRB104 03757 JRC 13781 b SB1626 - 4 - LRB104 03757 JRC 13781 b SB1626 - 4 - LRB104 03757 JRC 13781 b