HB5512eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
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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 5. The Code of Civil Procedure is amended by
5changing Sections 13-211, 13-212, and 13-214.3 as follows:
 
6    (735 ILCS 5/13-211)  (from Ch. 110, par. 13-211)
7    Sec. 13-211. Minors and persons under legal disability.
8    (a) If the person entitled to bring an action, specified in
9Sections 13-201 through 13-210 of this Code Act, at the time
10the cause of action accrued, is under the age of 18 years, or
11is under a legal disability, then he or she may bring the
12action within 2 years after the person attains the age of 18
13years, or the disability is removed.
14    (b) If the person entitled to bring an action specified
15under Sections 13-201 through 13-210 of this Code is not under
16a legal disability at the time the cause of action accrues, but
17becomes under a legal disability before the period of
18limitations otherwise runs, the period of limitations is stayed
19until the disability is removed. This subsection (b) does not
20invalidate any statute of repose provisions contained in
21Sections 13-201 through 13-210 of this Code. This subsection
22(b) applies to actions commenced or pending on or after the
23effective date of this amendatory Act of the 98th General

 

 

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1Assembly.
2(Source: P.A. 85-18; 85-907; 86-1329.)
 
3    (735 ILCS 5/13-212)  (from Ch. 110, par. 13-212)
4    Sec. 13-212. Physician or hospital.
5    (a) Except as provided in Section 13-215 of this Act, no
6action for damages for injury or death against any physician,
7dentist, registered nurse or hospital duly licensed under the
8laws of this State, whether based upon tort, or breach of
9contract, or otherwise, arising out of patient care shall be
10brought more than 2 years after the date on which the claimant
11knew, or through the use of reasonable diligence should have
12known, or received notice in writing of the existence of the
13injury or death for which damages are sought in the action,
14whichever of such date occurs first, but in no event shall such
15action be brought more than 4 years after the date on which
16occurred the act or omission or occurrence alleged in such
17action to have been the cause of such injury or death.
18    (b) Except as provided in Section 13-215 of this Act, no
19action for damages for injury or death against any physician,
20dentist, registered nurse or hospital duly licensed under the
21laws of this State, whether based upon tort, or breach of
22contract, or otherwise, arising out of patient care shall be
23brought more than 8 years after the date on which occurred the
24act or omission or occurrence alleged in such action to have
25been the cause of such injury or death where the person

 

 

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1entitled to bring the action was, at the time the cause of
2action accrued, under the age of 18 years; provided, however,
3that in no event may the cause of action be brought after the
4person's 22nd birthday. If the person was under the age of 18
5years when the cause of action accrued and, as a result of this
6amendatory Act of 1987, the action is either barred or there
7remains less than 3 years to bring such action, then he or she
8may bring the action within 3 years of July 20, 1987.
9    (c) If the person entitled to bring an action described in
10this Section is, at the time the cause of action accrued, under
11a legal disability other than being under the age of 18 years,
12then the period of limitations does not begin to run until the
13disability is removed.
14    (d) If the person entitled to bring an action described in
15this Section is not under a legal disability at the time the
16cause of action accrues, but becomes under a legal disability
17before the period of limitations otherwise runs, the period of
18limitations is stayed until the disability is removed. This
19subsection (d) does not invalidate any statute of repose
20provisions contained in this Section. This subsection (d)
21applies to actions commenced or pending on or after the
22effective date of this amendatory Act of the 98th General
23Assembly.
24(Source: P.A. 85-18; 85-907; 86-1329.)
 
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,
2which has been held unconstitutional)
3    Sec. 13-214.3. Attorneys.
4    (a) In this Section: "attorney" includes (i) an individual
5attorney, together with his or her employees who are attorneys,
6(ii) a professional partnership of attorneys, together with its
7employees, partners, and members who are attorneys, and (iii) a
8professional service corporation of attorneys, together with
9its employees, officers, and shareholders who are attorneys;
10and "non-attorney employee" means a person who is not an
11attorney but is employed by an attorney.
12    (b) An action for damages based on tort, contract, or
13otherwise (i) against an attorney arising out of an act or
14omission in the performance of professional services or (ii)
15against a non-attorney employee arising out of an act or
16omission in the course of his or her employment by an attorney
17to assist the attorney in performing professional services must
18be commenced within 2 years from the time the person bringing
19the action knew or reasonably should have known of the injury
20for which damages are sought.
21    (c) Except as provided in subsection (d), an action
22described in subsection (b) may not be commenced in any event
23more than 6 years after the date on which the act or omission
24occurred.
25    (d) When the injury caused by the act or omission does not
26occur until the death of the person for whom the professional

 

 

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1services were rendered, the action may be commenced within 2
2years after the date of the person's death unless letters of
3office are issued or the person's will is admitted to probate
4within that 2 year period, in which case the action must be
5commenced within the time for filing claims against the estate
6or a petition contesting the validity of the will of the
7deceased person, whichever is later, as provided in the Probate
8Act of 1975.
9    (e) If the person entitled to bring the action is under the
10age of majority or under other legal disability at the time the
11cause of action accrues, the period of limitations shall not
12begin to run until majority is attained or the disability is
13removed.
14    (f) If the person entitled to bring an action described in
15this Section is not under a legal disability at the time the
16cause of action accrues, but becomes under a legal disability
17before the period of limitations otherwise runs, the period of
18limitations is stayed until the disability is removed. This
19subsection (f) does not invalidate any statute of repose
20provisions contained in this Section. This subsection (f)
21applies to actions commenced or pending on or after the
22effective date of this amendatory Act of the 98th General
23Assembly.
24    (g) (f) This Section applies to all causes of action
25accruing on or after its effective date.
26(Source: P.A. 86-1371.)