Bill Text: IL SB1399 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Civil Procedure. Replaces the provisions of the Section concerning actions for damages for personal injury based on childhood sexual abuse with language providing that an action for damages based on childhood sexual abuse may be commenced at any time. Provides that the changes made by the amendatory Act apply to actions pending on the effective date of the Act and to actions commenced on or after that date.

Spectrum: Moderate Partisan Bill (Democrat 20-5)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0276 [SB1399 Detail]

Download: Illinois-2013-SB1399-Amended.html

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Sen. Terry Link

Filed: 4/15/2013

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AMENDMENT TO SENATE BILL 1399
AMENDMENT NO. ______. Amend Senate Bill 1399 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
changing Section 13-202.2 as follows:
(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
Sec. 13-202.2. Childhood sexual abuse.
(a) In this Section:
"Childhood sexual abuse" means an act of sexual abuse that
occurs when the person abused is under 18 years of age.
"Sexual abuse" includes but is not limited to sexual
conduct and sexual penetration as defined in Section 11-0.1 of
the Criminal Code of 2012.
(b) Notwithstanding any other provision of law, an action
for damages for personal injury based on childhood sexual abuse
must be commenced within 20 years of the date the limitation

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period begins to run under subsection (d) or within 20 years of
the date the person abused discovers or through the use of
reasonable diligence should discover both (i) that the act of
childhood sexual abuse occurred and (ii) that the injury was
caused by the childhood sexual abuse. The fact that the person
abused discovers or through the use of reasonable diligence
should discover that the act of childhood sexual abuse occurred
is not, by itself, sufficient to start the discovery period
under this subsection (b). Knowledge of the abuse does not
constitute discovery of the injury or the causal relationship
between any later-discovered injury and the abuse.
(c) If the injury is caused by 2 or more acts of childhood
sexual abuse that are part of a continuing series of acts of
childhood sexual abuse by the same abuser, then the discovery
period under subsection (b) shall be computed from the date the
person abused discovers or through the use of reasonable
diligence should discover both (i) that the last act of
childhood sexual abuse in the continuing series occurred and
(ii) that the injury was caused by any act of childhood sexual
abuse in the continuing series. The fact that the person abused
discovers or through the use of reasonable diligence should
discover that the last act of childhood sexual abuse in the
continuing series occurred is not, by itself, sufficient to
start the discovery period under subsection (b). Knowledge of
the abuse does not constitute discovery of the injury or the
causal relationship between any later-discovered injury and

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the abuse.
(d) The limitation periods under subsection (b) do not
begin to run before the person abused attains the age of 18
years; and, if at the time the person abused attains the age of
18 years he or she is under other legal disability, the
limitation periods under subsection (b) do not begin to run
until the removal of the disability.
(d-1) The limitation periods in subsection (b) do not run
during a time period when the person abused is subject to
threats, intimidation, manipulation, or fraud perpetrated by
the abuser or by any person acting in the interest of the
abuser.
(e) This Section applies to actions pending on the
effective date of this amendatory Act of 1990 as well as to
actions commenced on or after that date. The changes made by
this amendatory Act of 1993 shall apply only to actions
commenced on or after the effective date of this amendatory Act
of 1993. The changes made by this amendatory Act of the 93rd
General Assembly apply to actions pending on the effective date
of this amendatory Act of the 93rd General Assembly as well as
actions commenced on or after that date. The changes made by
this amendatory Act of the 96th General Assembly apply to
actions commenced on or after the effective date of this
amendatory Act of the 96th General Assembly if the action would
not have been time barred under any statute of limitations or
statute of repose prior to the effective date of this

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amendatory Act of the 96th General Assembly.
(f) Subsections (b) through (e) of this Section do not
apply on and after the effective date of this amendatory Act of
the 98th General Assembly.
(g) Notwithstanding any other provision of law, an action
for damages based on childhood sexual abuse may be commenced at
any time.
(h) The changes made by this amendatory Act of the 98th
General Assembly are prospective and apply to actions commenced
on or after the effective date of this Amendatory Act of the
98th General Assembly if the action would not have been time
barred under any statute of limitations or statute of repose
prior to the effective date of this amendatory Act of the 98th
General Assembly.
(Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)".