103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5883

 

Introduced 11/12/2024, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/13-202.4 new

    Amends the Limitations Article of the Code of Civil Procedure. Provides that every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sex offense under the Criminal Code of 2012 committed against a person who was 18 years of age or older, or incest committed against such person who was 18 years of age or older, which is barred as of the effective date of the amendatory Act because the applicable period of limitation has expired, is revived, and action thereon may be commenced not earlier than 6 months after, and not later than 18 months after the effective date of the amendatory Act.


LRB103 42661 LNS 75894 b

 

 

A BILL FOR

 

HB5883LRB103 42661 LNS 75894 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5adding Section 13-202.4 as follows:
 
6    (735 ILCS 5/13-202.4 new)
7    Sec. 13-202.4. Adult sex offense revival. Notwithstanding
8any provision of law that imposes a period of limitation to the
9contrary, every civil claim or cause of action brought against
10any party alleging intentional or negligent acts or omissions
11by a person for physical, psychological, or other injury or
12condition suffered as a result of conduct which would
13constitute a sex offense under Article 11 of the Criminal Code
14of 2012 committed against a person who was 18 years of age or
15older, or incest committed against a person who was 18 years of
16age or older, which is barred as of the effective date of this
17amendatory Act of the 103rd General Assembly because the
18applicable period of limitation has expired, is hereby
19revived, and action thereon may be commenced not earlier than
206 months after, and not later than 18 months after the
21effective date of this amendatory Act of the 103rd General
22Assembly. In any such claim or action, dismissal of a previous
23action, ordered before the effective date of this amendatory

 

 

HB5883- 2 -LRB103 42661 LNS 75894 b

1Act of the 103rd General Assembly, on grounds that such
2previous action was time barred, shall not be grounds for
3dismissal of a revival action under this Section.
4    The procedure for this Section shall be in accordance with
5the Supreme Court's rules.