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| | HB5512 Engrossed | | LRB098 17969 HEP 55451 b |
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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 Sections 13-211, 13-212, and 13-214.3 as follows:
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6 | | (735 ILCS 5/13-211) (from Ch. 110, par. 13-211)
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7 | | Sec. 13-211. Minors and persons under legal disability. |
8 | | (a) If the person
entitled to bring an action, specified in |
9 | | Sections 13-201 through 13-210
of this Code Act , at the time |
10 | | the cause of action accrued, is under the age of
18 years , or |
11 | | is under a legal disability, then he or she may bring the
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12 | | action within 2 years after the person attains the age of 18 |
13 | | years, or the
disability is removed. |
14 | | (b) If the person
entitled to bring an action specified |
15 | | under Sections 13-201 through 13-210
of this Code is not under |
16 | | a legal disability at the time the cause of action accrues, but |
17 | | becomes under a legal disability before the period of |
18 | | limitations otherwise runs, the period of limitations is stayed |
19 | | until the disability is removed. This subsection (b) does not |
20 | | invalidate any statute of repose provisions contained in |
21 | | Sections 13-201 through 13-210 of this Code. This subsection |
22 | | (b) applies to actions commenced or pending on or after the |
23 | | effective date of this amendatory Act of the 98th General |
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1 | | Assembly.
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2 | | (Source: P.A. 85-18; 85-907; 86-1329.)
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3 | | (735 ILCS 5/13-212) (from Ch. 110, par. 13-212)
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4 | | Sec. 13-212. Physician or hospital.
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5 | | (a) Except as provided in Section
13-215 of this Act, no |
6 | | action for damages for injury or death against any
physician, |
7 | | dentist, registered nurse or hospital duly licensed under
the |
8 | | laws of this State, whether based upon tort, or breach of |
9 | | contract, or
otherwise, arising out of patient care shall be |
10 | | brought more than 2 years
after the date on which the claimant |
11 | | knew, or through the use of reasonable
diligence should have |
12 | | known, or received notice in writing of the existence
of the |
13 | | injury or death for which damages are sought in the action,
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14 | | whichever of such date occurs first, but in no event shall such |
15 | | action be
brought more than 4 years after the date on which |
16 | | occurred the act or
omission or occurrence alleged in such |
17 | | action to have been the cause of
such injury or death.
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18 | | (b) Except as provided in Section 13-215 of this Act, no |
19 | | action for
damages for injury or death against any physician, |
20 | | dentist, registered
nurse or hospital duly licensed under the |
21 | | laws of this State, whether based
upon tort, or breach of |
22 | | contract, or otherwise, arising out of patient care
shall be |
23 | | brought more than 8 years after the date on which
occurred the |
24 | | act or omission or occurrence alleged in such action to have
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25 | | been the cause of such injury or death where the person |
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1 | | entitled to bring
the action was, at the time the cause of |
2 | | action accrued, under the age of
18 years; provided, however, |
3 | | that in no event may the cause of action be
brought after the |
4 | | person's 22nd birthday. If the person was under the age
of 18 |
5 | | years when the cause of action accrued and, as a result of this
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6 | | amendatory Act of 1987, the action is either barred or there |
7 | | remains less
than 3 years to bring such action, then he or she |
8 | | may bring the action
within 3 years of July 20, 1987.
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9 | | (c) If the person entitled to bring an action
described in |
10 | | this Section is, at the time the cause
of action accrued, under |
11 | | a legal disability other than being under
the age of 18 years, |
12 | | then the period of limitations does
not begin to run until the |
13 | | disability is removed. |
14 | | (d) If the person
entitled to bring an action described in |
15 | | this Section is not under a legal disability at the time the |
16 | | cause of action accrues, but becomes under a legal disability |
17 | | before the period of limitations otherwise runs, the period of |
18 | | limitations is stayed until the disability is removed. This |
19 | | subsection (d) does not invalidate any statute of repose |
20 | | provisions contained in this Section. This subsection (d) |
21 | | applies to actions commenced or pending on or after the |
22 | | effective date of this amendatory Act of the 98th General |
23 | | Assembly.
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24 | | (Source: P.A. 85-18; 85-907; 86-1329.)
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25 | | (735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
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1 | | (Text of Section WITHOUT the changes made by P.A. 89-7, |
2 | | which has been held
unconstitutional)
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3 | | Sec. 13-214.3. Attorneys.
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4 | | (a) In this Section: "attorney" includes (i) an individual |
5 | | attorney,
together with his or her employees who are attorneys, |
6 | | (ii) a professional
partnership of attorneys, together with its |
7 | | employees, partners, and
members who are attorneys, and (iii) a |
8 | | professional service corporation of
attorneys, together with |
9 | | its employees, officers, and shareholders who are
attorneys; |
10 | | and "non-attorney employee" means a person who is not an
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11 | | attorney but is employed by an attorney.
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12 | | (b) An action for damages based on tort, contract, or |
13 | | otherwise (i)
against an attorney arising out of an act or |
14 | | omission in the performance of
professional services or (ii) |
15 | | against a non-attorney employee arising out
of an act or |
16 | | omission in the course of his or her employment by an attorney
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17 | | to assist the attorney in performing professional services
must |
18 | | be commenced within 2 years from
the time the person bringing |
19 | | the action knew or reasonably should have
known of the injury |
20 | | for which damages are sought.
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21 | | (c) Except as provided in subsection (d), an action |
22 | | described in
subsection (b) may not be commenced in any event |
23 | | more than 6 years after
the date on which the act or omission |
24 | | occurred.
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25 | | (d) When the injury caused by the act or omission does not
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26 | | occur until
the death of the person for whom the professional |
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1 | | services were rendered,
the action may be commenced within 2 |
2 | | years after the date of the person's
death unless letters of |
3 | | office are issued or the person's will is admitted
to probate |
4 | | within that 2 year period, in which case the action must be
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5 | | commenced within the time for filing claims against the estate |
6 | | or a
petition contesting the validity of the will of the |
7 | | deceased person,
whichever is later, as provided in the Probate |
8 | | Act of 1975.
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9 | | (e) If the person entitled to bring the action is under the |
10 | | age of
majority or under other legal disability at the time the |
11 | | cause of action
accrues, the period of limitations shall not |
12 | | begin to run until majority is
attained or the disability is |
13 | | removed. |
14 | | (f) If the person
entitled to bring an action described in |
15 | | this Section is not under a legal disability at the time the |
16 | | cause of action accrues, but becomes under a legal disability |
17 | | before the period of limitations otherwise runs, the period of |
18 | | limitations is stayed until the disability is removed. This |
19 | | subsection (f) does not invalidate any statute of repose |
20 | | provisions contained in this Section. This subsection (f) |
21 | | applies to actions commenced or pending on or after the |
22 | | effective date of this amendatory Act of the 98th General |
23 | | Assembly.
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24 | | (g) (f) This Section applies to all causes of action |
25 | | accruing on or after
its effective date.
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26 | | (Source: P.A. 86-1371.)
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