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91_HB4297
LRB9110863DJsbA
1 AN ACT to amend the Local Governmental and Governmental
2 Employees Tort Immunity Act by changing Section 8-101.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Local Governmental and Governmental
6 Employees Tort Immunity Act is amended by changing Section
7 8-101 as follows:
8 (745 ILCS 10/8-101) (from Ch. 85, par. 8-101)
9 Sec. 8-101. Limitation.
10 (a) No civil action other than an action described in
11 subsection (b) may be commenced in any court against a local
12 entity or any of its employees for any injury unless it is
13 commenced within one year from the date that the injury was
14 received or the cause of action accrued.
15 (b) No action for damages for injury or death against
16 any local public entity or public employee, whether based
17 upon tort, or breach of contract, or otherwise, arising out
18 of patient care shall be brought more than 2 years after the
19 date on which the claimant knew, or through the use of
20 reasonable diligence should have known, or received notice in
21 writing of the existence of the injury or death for which
22 damages are sought in the action, whichever of those dates
23 occurs first, but in no event shall such an action be brought
24 more than 4 years after the date on which occurred the act or
25 omission or occurrence alleged in the action to have been the
26 cause of the injury or death.
27 (c) For purposes of this Article, the term "civil
28 action" includes any action, whether based upon the common
29 law or statutes or Constitution of this State.
30 (d) The changes made by this amendatory Act of the 91st
31 General Assembly apply to an action or proceeding pending on
-2- LRB9110863DJsbA
1 or after this amendatory Act's effective date, unless those
2 changes (i) take away or impair a vested right that was
3 acquired under existing law or (ii) with regard to a past
4 transaction or past consideration, create a new obligation,
5 impose a new duty, or attach a new disability.
6 (Source: P.A. 84-1431.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.