HB5512enr 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, 13-202, 13-202.1, 13-202.2, 13-202.3, 13-203,
2213-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of this
23Code. In no event shall the period of limitations for a cause

 

 

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1of action under Section 13-205 or 13-206 of this Code be stayed
2in excess of 10 years from the date of the adjudication of
3legal disability. This subsection (b) applies to actions
4commenced or pending on or after the effective date of this
5amendatory Act of the 98th General Assembly.
6(Source: P.A. 85-18; 85-907; 86-1329.)
 
7    (735 ILCS 5/13-212)  (from Ch. 110, par. 13-212)
8    Sec. 13-212. Physician or hospital.
9    (a) Except as provided in Section 13-215 of this Act, no
10action for damages for injury or death against any physician,
11dentist, registered nurse or hospital duly licensed under the
12laws of this State, whether based upon tort, or breach of
13contract, or otherwise, arising out of patient care shall be
14brought more than 2 years after the date on which the claimant
15knew, or through the use of reasonable diligence should have
16known, or received notice in writing of the existence of the
17injury or death for which damages are sought in the action,
18whichever of such date occurs first, but in no event shall such
19action be brought more than 4 years after the date on which
20occurred the act or omission or occurrence alleged in such
21action to have been the cause of such injury or death.
22    (b) Except as provided in Section 13-215 of this Act, no
23action for damages for injury or death against any physician,
24dentist, registered nurse or hospital duly licensed under the
25laws of this State, whether based upon tort, or breach of

 

 

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1contract, or otherwise, arising out of patient care shall be
2brought more than 8 years after the date on which occurred the
3act or omission or occurrence alleged in such action to have
4been the cause of such injury or death where the person
5entitled to bring the action was, at the time the cause of
6action accrued, under the age of 18 years; provided, however,
7that in no event may the cause of action be brought after the
8person's 22nd birthday. If the person was under the age of 18
9years when the cause of action accrued and, as a result of this
10amendatory Act of 1987, the action is either barred or there
11remains less than 3 years to bring such action, then he or she
12may bring the action within 3 years of July 20, 1987.
13    (c) If the person entitled to bring an action described in
14this Section is, at the time the cause of action accrued, under
15a legal disability other than being under the age of 18 years,
16then the period of limitations does not begin to run until the
17disability is removed.
18    (d) If the person entitled to bring an action described in
19this Section is not under a legal disability at the time the
20cause of action accrues, but becomes under a legal disability
21before the period of limitations otherwise runs, the period of
22limitations is stayed until the disability is removed. This
23subsection (d) does not invalidate any statute of repose
24provisions contained in this Section. This subsection (d)
25applies to actions commenced or pending on or after the
26effective 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 5/13-214.3)  (from Ch. 110, par. 13-214.3)
4    (Text of Section WITHOUT the changes made by P.A. 89-7,
5which has been held unconstitutional)
6    Sec. 13-214.3. Attorneys.
7    (a) In this Section: "attorney" includes (i) an individual
8attorney, together with his or her employees who are attorneys,
9(ii) a professional partnership of attorneys, together with its
10employees, partners, and members who are attorneys, and (iii) a
11professional service corporation of attorneys, together with
12its employees, officers, and shareholders who are attorneys;
13and "non-attorney employee" means a person who is not an
14attorney but is employed by an attorney.
15    (b) An action for damages based on tort, contract, or
16otherwise (i) against an attorney arising out of an act or
17omission in the performance of professional services or (ii)
18against a non-attorney employee arising out of an act or
19omission in the course of his or her employment by an attorney
20to assist the attorney in performing professional services must
21be commenced within 2 years from the time the person bringing
22the action knew or reasonably should have known of the injury
23for which damages are sought.
24    (c) Except as provided in subsection (d), an action
25described in subsection (b) may not be commenced in any event

 

 

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

 

 

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1Assembly.
2    (g) (f) This Section applies to all causes of action
3accruing on or after its effective date.
4(Source: P.A. 86-1371.)