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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 13-202.1 as follows:
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6 | (735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
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7 | Sec. 13-202.1. No limitations on certain actions - Duties | ||||||
8 | of Department
of Corrections and State's Attorneys. | ||||||
9 | (a) Notwithstanding any other provision
of law, any action | ||||||
10 | for damages against a person, however the action may
be | ||||||
11 | designated, may be brought at any time if --
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12 | (1) the action is based upon conduct of a person which | ||||||
13 | constituted the
commission of first degree murder, a Class | ||||||
14 | X felony, or a Class 1
felony as these terms are utilized | ||||||
15 | at the time of filing of the action; and
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16 | (2) the person was convicted of the first degree | ||||||
17 | murder, Class X
felony, or Class 1 felony.
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18 | (b) The provisions of this Section are fully applicable to | ||||||
19 | convictions
based upon defendant's accountability under | ||||||
20 | Section 5-2 of the Criminal
Code of 1961, approved July 28, | ||||||
21 | 1961, as amended.
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22 | (c) Paragraphs (a) and (b) above shall apply to any cause | ||||||
23 | of action
regardless of the date on which the defendant's |
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1 | conduct is alleged to have
occurred or of the date of any | ||||||
2 | conviction resulting therefrom. In
addition, this Section | ||||||
3 | shall be applied retroactively and shall revive
causes of | ||||||
4 | actions which otherwise may have been barred under limitations
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5 | provisions in effect prior to the enactment and/or effect of | ||||||
6 | P.A. 84-1450.
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7 | (d) Whenever there is any settlement, verdict or judgment | ||||||
8 | in excess
of $500 in any court against the Department of | ||||||
9 | Corrections or any past or
present employee or official in | ||||||
10 | favor of any person for damages incurred while
the person was | ||||||
11 | committed to the Department of Corrections, the Department
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12 | within 14 days of the settlement, verdict or judgment shall | ||||||
13 | notify the State's
Attorney of the county from which the person | ||||||
14 | was committed to the Department.
The State's Attorney shall in | ||||||
15 | turn within 14 days after receipt of the notice send the same | ||||||
16 | notice to the
person or persons who were the victim or victims | ||||||
17 | of the crime for which the
offender was committed, at their | ||||||
18 | last known address, along with the information that the victim | ||||||
19 | or victims
should may contact a private attorney to advise them | ||||||
20 | of their rights under the law the State's Attorney for advice | ||||||
21 | concerning their rights to sue for
damages under the law. If so | ||||||
22 | requested, the State's Attorney's office shall
provide such | ||||||
23 | advice, but in no instance may the State's Attorney institute a
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24 | civil action for damages on behalf of the victim or victims . | ||||||
25 | (e) Whenever there is any settlement, verdict or judgment | ||||||
26 | in excess of $500 in any court against any county or county |
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1 | sheriff or any past or present employee or official in favor of | ||||||
2 | any person for damages incurred while the person was | ||||||
3 | incarcerated in any county jail, the county or county sheriff, | ||||||
4 | within 14 days of the settlement, verdict or judgment shall | ||||||
5 | notify the State's Attorney of the county from which the person | ||||||
6 | was incarcerated in the county jail. The State's Attorney shall | ||||||
7 | within 14 days of receipt of the notice send the same notice to | ||||||
8 | the person or persons who were the victim or victims of the | ||||||
9 | crime for which the offender was committed, at their last known | ||||||
10 | address, along with the information that the victim or victims | ||||||
11 | should contact a private attorney to advise them of their | ||||||
12 | rights under the law.
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13 | (f) No civil action may be brought by anyone against the | ||||||
14 | Department of
Corrections, a State's Attorney, a County, a | ||||||
15 | county sheriff, or any past or present employee or
agent | ||||||
16 | thereof for any alleged violation by any such entity or person | ||||||
17 | of the
notification requirements imposed by this paragraph (d) | ||||||
18 | or (e) .
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19 | (Source: P.A. 89-8, eff. 3-21-95; 90-655, eff. 7-30-98.)
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