Bill Amendment: IL SB3351 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CIV PRO-ATTORNEY MALPRACTICE
Status: 2021-01-13 - Session Sine Die [SB3351 Detail]
Download: Illinois-2019-SB3351-Senate_Amendment_001.html
Bill Title: CIV PRO-ATTORNEY MALPRACTICE
Status: 2021-01-13 - Session Sine Die [SB3351 Detail]
Download: Illinois-2019-SB3351-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3351
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2 | AMENDMENT NO. ______. Amend Senate Bill 3351 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 13-214.3 as follows:
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6 | (735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
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7 | Sec. 13-214.3. Attorneys.
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8 | (a) In this Section: "attorney" includes (i) an individual | ||||||
9 | attorney,
together with his or her employees who are attorneys, | ||||||
10 | (ii) a professional
partnership of attorneys, together with its | ||||||
11 | employees, partners, and
members who are attorneys, and (iii) a | ||||||
12 | professional service corporation of
attorneys, together with | ||||||
13 | its employees, officers, and shareholders who are
attorneys; | ||||||
14 | and "non-attorney employee" means a person who is not an
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15 | attorney but is employed by an attorney.
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16 | (b) An action for damages based on tort, contract, or |
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1 | otherwise (i)
against an attorney arising out of an act or | ||||||
2 | omission in the performance of
professional services or (ii) | ||||||
3 | against a non-attorney employee arising out
of an act or | ||||||
4 | omission in the course of his or her employment by an attorney
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5 | to assist the attorney in performing professional services
must | ||||||
6 | be commenced within 2 years from
the time the person bringing | ||||||
7 | the action knew or reasonably should have
known of the injury | ||||||
8 | for which damages are sought.
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9 | (c) Except as provided in subsection (d), an action | ||||||
10 | described in
subsection (b) may not be commenced in any event | ||||||
11 | more than 6 years after
the date on which the act or omission | ||||||
12 | occurred.
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13 | (d) When the injury caused by the act or omission does not
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14 | occur until
the death of the person for whom the professional | ||||||
15 | services were rendered,
the action may be commenced within 2 | ||||||
16 | years after the date of the person's
death unless letters of | ||||||
17 | office are issued or the person's will is admitted
to probate | ||||||
18 | within that 2 year period, in which case the action must be
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19 | commenced within the time for filing claims against the estate | ||||||
20 | or a
petition contesting the validity of the will of the | ||||||
21 | deceased person,
whichever is later, as provided in the Probate | ||||||
22 | Act of 1975. An action may not be commenced in any event more | ||||||
23 | than 6 years after the date the professional services were | ||||||
24 | performed.
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25 | (e) If the person entitled to bring the action is under the | ||||||
26 | age of
majority or under other legal disability at the time the |
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1 | cause of action
accrues, the period of limitations shall not | ||||||
2 | begin to run until majority is
attained or the disability is | ||||||
3 | removed. | ||||||
4 | (f) If the person
entitled to bring an action described in | ||||||
5 | this Section is not under a legal disability at the time the | ||||||
6 | cause of action accrues, but becomes under a legal disability | ||||||
7 | before the period of limitations otherwise runs, the period of | ||||||
8 | limitations is stayed until the disability is removed. This | ||||||
9 | subsection (f) does not invalidate any statute of repose | ||||||
10 | provisions contained in this Section. This subsection (f) | ||||||
11 | applies to actions commenced or pending on or after January 1, | ||||||
12 | 2015 ( the effective date of Public Act 98-1077) this amendatory | ||||||
13 | Act of the 98th General Assembly .
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14 | (g) This Section applies to any cause of action, regardless | ||||||
15 | of the date the cause of action arises. This Section, however, | ||||||
16 | does not bar the filing of an action based on the performance | ||||||
17 | of professional services before the effective date of this | ||||||
18 | amendatory Act of the 101st General Assembly if the action is | ||||||
19 | filed within a reasonable period, not to exceed 6 years, after | ||||||
20 | the effective date of this amendatory Act of the 101st General | ||||||
21 | Assembly. This Section applies to all causes of action accruing | ||||||
22 | on or after
its effective date.
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23 | (Source: P.A. 98-1077, eff. 1-1-15 .)".
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