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| Public Act 101-0435 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Findings. Credible reports from around the | ||||
world, including this State, have indicated instances of repeat | ||||
childhood sexual abuse have occurred at the hands of clergymen. | ||||
These reports have also indicated efforts may have been taken | ||||
to conceal the identities and conduct of the individuals | ||||
responsible for the sexual abuse. The General Assembly finds | ||||
that victims of such conduct should be afforded a remedy to the | ||||
fullest extent available under the law. | ||||
Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 13-202.2 as follows:
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(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
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Sec. 13-202.2. Childhood sexual abuse.
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(a) In this Section:
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"Childhood sexual abuse" means an act of sexual
abuse that | ||||
occurs when the person abused is under 18 years of age.
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"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.
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(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 | ||
period
begins to run under subsection (d) or within 20 years of
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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
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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.
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(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
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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
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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 | ||
the abuse.
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(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.
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(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, fraudulent concealment, | ||
or fraud perpetrated by the abuser or by any person acting in | ||
the
interest of the abuser.
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(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
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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 | ||
amendatory Act of the 96th General Assembly.
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(f) Notwithstanding any other provision of law, an action | ||
for damages based on childhood sexual abuse may be commenced at | ||
any time; provided, however, that the changes made by this | ||
amendatory Act of the 98th General Assembly 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. 97-1150, eff. 1-25-13; 98-276, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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