Bill Text: IL SB1868 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Limitations Article of the Code of Civil Procedure. Provides that if there is evidence that childhood sexual abuse was committed by a person who holds a position of trust, authority, or supervision over the minor victim, and that person fraudulently concealed a cause of action from the knowledge of the minor victim, the action may be commenced at any time within 5 years after the person entitled to bring the action discovers that he or she has such cause of action, and any repose or limitation period is tolled during that 5-year period. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Enrolled) 2019-06-21 - Sent to the Governor [SB1868 Detail]

Download: Illinois-2019-SB1868-Enrolled.html



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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 1. Findings. Credible reports from around the
5world, including this State, have indicated instances of repeat
6childhood sexual abuse have occurred at the hands of clergymen.
7These reports have also indicated efforts may have been taken
8to conceal the identities and conduct of the individuals
9responsible for the sexual abuse. The General Assembly finds
10that victims of such conduct should be afforded a remedy to the
11fullest extent available under the law.
12 Section 5. The Code of Civil Procedure is amended by
13changing Section 13-202.2 as follows:
14 (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
15 Sec. 13-202.2. Childhood sexual abuse.
16 (a) In this Section:
17 "Childhood sexual abuse" means an act of sexual abuse that
18occurs when the person abused is under 18 years of age.
19 "Sexual abuse" includes but is not limited to sexual
20conduct and sexual penetration as defined in Section 11-0.1 of
21the Criminal Code of 2012.
22 (b) Notwithstanding any other provision of law, an action

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1for damages for personal injury based on childhood sexual abuse
2must be commenced within 20 years of the date the limitation
3period begins to run under subsection (d) or within 20 years of
4the date the person abused discovers or through the use of
5reasonable diligence should discover both (i) that the act of
6childhood sexual abuse occurred and (ii) that the injury was
7caused by the childhood sexual abuse. The fact that the person
8abused discovers or through the use of reasonable diligence
9should discover that the act of childhood sexual abuse occurred
10is not, by itself, sufficient to start the discovery period
11under this subsection (b). Knowledge of the abuse does not
12constitute discovery of the injury or the causal relationship
13between any later-discovered injury and the abuse.
14 (c) If the injury is caused by 2 or more acts of childhood
15sexual abuse that are part of a continuing series of acts of
16childhood sexual abuse by the same abuser, then the discovery
17period under subsection (b) shall be computed from the date the
18person abused discovers or through the use of reasonable
19diligence should discover both (i) that the last act of
20childhood sexual abuse in the continuing series occurred and
21(ii) that the injury was caused by any act of childhood sexual
22abuse in the continuing series. The fact that the person abused
23discovers or through the use of reasonable diligence should
24discover that the last act of childhood sexual abuse in the
25continuing series occurred is not, by itself, sufficient to
26start the discovery period under subsection (b). Knowledge of

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1the abuse does not constitute discovery of the injury or the
2causal relationship between any later-discovered injury and
3the abuse.
4 (d) The limitation periods under subsection (b) do not
5begin to run before the person abused attains the age of 18
6years; and, if at the time the person abused attains the age of
718 years he or she is under other legal disability, the
8limitation periods under subsection (b) do not begin to run
9until the removal of the disability.
10 (d-1) The limitation periods in subsection (b) do not run
11during a time period when the person abused is subject to
12threats, intimidation, manipulation, fraudulent concealment,
13or fraud perpetrated by the abuser or by any person acting in
14the interest of the abuser.
15 (e) This Section applies to actions pending on the
16effective date of this amendatory Act of 1990 as well as to
17actions commenced on or after that date. The changes made by
18this amendatory Act of 1993 shall apply only to actions
19commenced on or after the effective date of this amendatory Act
20of 1993. The changes made by this amendatory Act of the 93rd
21General Assembly apply to actions pending on the effective date
22of this amendatory Act of the 93rd General Assembly as well as
23actions commenced on or after that date. The changes made by
24this amendatory Act of the 96th General Assembly apply to
25actions commenced on or after the effective date of this
26amendatory Act of the 96th General Assembly if the action would

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1not have been time barred under any statute of limitations or
2statute of repose prior to the effective date of this
3amendatory Act of the 96th General Assembly.
4 (f) Notwithstanding any other provision of law, an action
5for damages based on childhood sexual abuse may be commenced at
6any time; provided, however, that the changes made by this
7amendatory Act of the 98th General Assembly apply to actions
8commenced on or after the effective date of this amendatory Act
9of the 98th General Assembly if the action would not have been
10time barred under any statute of limitations or statute of
11repose prior to the effective date of this amendatory Act of
12the 98th General Assembly.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-276, eff. 1-1-14.)
14 Section 99. Effective date. This Act takes effect upon
15becoming law.
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