093_SB0893sam002











                                     LRB093 08042 RLC 13226 a

 1                    AMENDMENT TO SENATE BILL 893

 2        AMENDMENT NO.     .  Amend Senate Bill 893,  AS  AMENDED,
 3    in subsection (j) of Sec. 3-6 of Section 10, by replacing "at
 4    any  time  within  10 years after the child victim attains 18
 5    years of age" with "within 20 10 years after the child victim
 6    attains 18 years of age"; and

 7    by replacing all  of  Sec.  8-803  of  Section  15  with  the
 8    following:

 9        "(735 ILCS 5/8-803) (from Ch. 110, par. 8-803)
10        Sec. 8-803.  Member of the clergy.
11        (a)  A  member of the clergy clergyman or practitioner of
12    any religious denomination accredited by the  religious  body
13    to  which  he  or  she  belongs,  shall  not  be compelled to
14    disclose in any court, or  to  any  administrative  board  or
15    agency, or to any public officer, a confession, or admission,
16    or   communication   made  to  him  or  her  in  his  or  her
17    professional character or  as  a  spiritual  advisor  in  the
18    course  of  the discipline enjoined by the rules or practices
19    of such religious body or of the religion  which  he  or  she
20    professes,  nor be compelled to divulge any information which
21    has  been  obtained  by  him  or  her  in  such  professional
22    character or as such spiritual advisor if:
 
                            -2-      LRB093 08042 RLC 13226 a
 1             (1)  the confession, admission, or communication  is
 2        intended to be confidential;
 3             (2)  the   confidential  confession,  admission,  or
 4        communication is made directly to a member of the clergy;
 5        and
 6             (3)  the  confidential  confession,  admission,   or
 7        communication  is  such  that the member of the clergy is
 8        bound to maintain that confidentiality pursuant to a duty
 9        under  the  canon   law,   church   doctrine,   practice,
10        discipline,  tenet,  custom,  or  practice  of his or her
11        denomination.
12        (b)  If a confession, admission, or communication made to
13    a member of the clergy does  not  meet  the  requirements  of
14    subsection  (a), in an investigation or prosecution of a case
15    involving an abused child as defined in  subdivision  (c)  of
16    Section  3 of the Abused and Neglected Child Reporting Act, a
17    member of the clergy must disclose a  confession,  admission,
18    or communication made to him or her about the alleged abuse.
19        (c)  "Member   of   the  clergy"  means  a  clergyman  or
20    practitioner of any religious denomination accredited by  the
21    religious body to which he or she belongs.
22    (Source: P.A. 82-280.)"; and

23    by  replacing  all  of  Sec.  13-202.2 of Section 15 with the
24    following:

25        "(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
26        Sec. 13-202.2. Childhood sexual abuse.
27        (a)  In this Section:
28        "Childhood sexual abuse" means an  act  of  sexual  abuse
29    that occurs when the person abused is under 18 years of age.
30        "Sexual  abuse"  includes  but  is  not limited to sexual
31    conduct and sexual penetration as defined in Section 12-12 of
32    the Criminal Code of 1961.
33        (b)  An action for damages for personal injury  based  on
 
                            -3-      LRB093 08042 RLC 13226 a
 1    childhood sexual abuse must be commenced within 20 2 years of
 2    the  date  the  person abused discovers or through the use of
 3    reasonable  diligence  should  discover  that  the   act   of
 4    childhood  sexual  abuse  occurred  and  that  the injury was
 5    caused by the childhood sexual abuse.
 6        (c)  If the injury  is  caused  by  2  or  more  acts  of
 7    childhood  sexual  abuse that are part of a continuing series
 8    of acts of childhood sexual abuse by the  same  abuser,  then
 9    the  discovery  period under subsection (b) shall be computed
10    from the date the person abused discovers or through the  use
11    of reasonable diligence should discover (i) that the last act
12    of  childhood  sexual abuse in the continuing series occurred
13    and (ii) that the injury was caused by any act  of  childhood
14    sexual abuse in the continuing series.
15        (d)  The  limitation  periods under subsection (b) do not
16    begin to run before the person abused attains the age  of  18
17    years;  and, if at the time the person abused attains the age
18    of 18 years he or she is under other  legal  disability,  the
19    limitation  periods  under subsection (b) do not begin to run
20    until the removal of the disability.
21        (e)  This Section  applies  to  actions  pending  on  the
22    effective  date  of this amendatory Act of 1990 as well as to
23    actions commenced on or after that date. The changes made  by
24    this  amendatory  Act  of  1993  shall  apply only to actions
25    commenced on or after the effective date of  this  amendatory
26    Act  of  1993. The changes made by this amendatory Act of the
27    93rd General Assembly shall apply only to  actions  commenced
28    on  or after the effective date of this amendatory Act of the
29    93rd General Assembly.
30    (Source: P.A. 88-127.)".