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| Public Act 103-1053 | ||||
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AN ACT concerning civil law. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 2-1116 and by adding Article XXIII as | ||||
follows: | ||||
(735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116) | ||||
(Text of Section WITHOUT the changes made by P.A. 89-7, | ||||
which has been held unconstitutional) | ||||
Sec. 2-1116. Limitation on recovery in tort actions. | ||||
In all actions on account of bodily injury or death or | ||||
physical damage to property, based on negligence, or product | ||||
liability based on strict tort liability, the plaintiff shall | ||||
be barred from recovering damages if the trier of fact finds | ||||
that the contributory fault on the part of the plaintiff is | ||||
more than 50% of the proximate cause of the injury or damage | ||||
for which recovery is sought. The plaintiff shall not be | ||||
barred from recovering damages if the trier of fact finds that | ||||
the contributory fault on the part of the plaintiff is not more | ||||
than 50% of the proximate cause of the injury or damage for | ||||
which recovery is sought, but any damages allowed shall be | ||||
diminished in the proportion to the amount of fault | ||||
attributable to the plaintiff. | ||||
No contributory fault may be attributed to a plaintiff | ||
bringing an action for damages for personal injury based on | ||
childhood sexual abuse as defined in Section 13-202.2. | ||
(Source: P.A. 84-1431.) | ||
(735 ILCS 5/Art. XXIII heading new) | ||
ARTICLE XXIII. | ||
SEXUAL ABUSE PER SE HARMFUL | ||
(735 ILCS 5/23-101 new) | ||
Sec. 23-101. Sexual abuse per se harmful. For an action | ||
arising out of an injury caused by sexual conduct or sexual | ||
penetration as defined in Section 11-0.1 of the Criminal Code | ||
of 2012, if the plaintiff proves by a preponderance of the | ||
evidence that the defendant committed childhood sexual abuse | ||
as defined in Section 13-202.2 against the plaintiff, such | ||
sexual conduct or sexual penetration shall be considered | ||
obviously and materially harmful to the plaintiff and shall be | ||
deemed by the court per se harmful and traumatic. The | ||
plaintiff need not present additional evidence to prove they | ||
were harmed. The plaintiff may present additional evidence to | ||
show the extent of such harm. | ||
Nothing in this Section shall be construed to state that a | ||
plaintiff discovered the cause of action at any particular | ||
time, or that a plaintiff realized that the plaintiff's | ||
damages were related to the plaintiff's sexual abuse at any | ||
particular time. | ||
This Section applies to causes of action arising on or | ||
after the effective date of this amendatory Act of the 103rd | ||
General Assembly or to causes of action for which the | ||
limitation period has not yet expired. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||