Full Text of SB3351 101st General Assembly
SB3351sam001 101ST GENERAL ASSEMBLY | Sen. Elgie R. Sims, Jr. Filed: 3/4/2020
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| 1 | | AMENDMENT TO SENATE BILL 3351
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3351 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 13-214.3 as follows:
| 6 | | (735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
| 7 | | Sec. 13-214.3. Attorneys.
| 8 | | (a) In this Section: "attorney" includes (i) an individual | 9 | | attorney,
together with his or her employees who are attorneys, | 10 | | (ii) a professional
partnership of attorneys, together with its | 11 | | employees, partners, and
members who are attorneys, and (iii) a | 12 | | professional service corporation of
attorneys, together with | 13 | | its employees, officers, and shareholders who are
attorneys; | 14 | | and "non-attorney employee" means a person who is not an
| 15 | | attorney but is employed by an attorney.
| 16 | | (b) An action for damages based on tort, contract, or |
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| 1 | | otherwise (i)
against an attorney arising out of an act or | 2 | | omission in the performance of
professional services or (ii) | 3 | | against a non-attorney employee arising out
of an act or | 4 | | omission in the course of his or her employment by an attorney
| 5 | | to assist the attorney in performing professional services
must | 6 | | be commenced within 2 years from
the time the person bringing | 7 | | the action knew or reasonably should have
known of the injury | 8 | | for which damages are sought.
| 9 | | (c) Except as provided in subsection (d), an action | 10 | | described in
subsection (b) may not be commenced in any event | 11 | | more than 6 years after
the date on which the act or omission | 12 | | occurred.
| 13 | | (d) When the injury caused by the act or omission does not
| 14 | | occur until
the death of the person for whom the professional | 15 | | services were rendered,
the action may be commenced within 2 | 16 | | years after the date of the person's
death unless letters of | 17 | | office are issued or the person's will is admitted
to probate | 18 | | within that 2 year period, in which case the action must be
| 19 | | commenced within the time for filing claims against the estate | 20 | | or a
petition contesting the validity of the will of the | 21 | | deceased person,
whichever is later, as provided in the Probate | 22 | | Act of 1975. An action may not be commenced in any event more | 23 | | than 6 years after the date the professional services were | 24 | | performed.
| 25 | | (e) If the person entitled to bring the action is under the | 26 | | age of
majority or under other legal disability at the time the |
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| 1 | | cause of action
accrues, the period of limitations shall not | 2 | | begin to run until majority is
attained or the disability is | 3 | | removed. | 4 | | (f) If the person
entitled to bring an action described in | 5 | | this Section is not under a legal disability at the time the | 6 | | cause of action accrues, but becomes under a legal disability | 7 | | before the period of limitations otherwise runs, the period of | 8 | | limitations is stayed until the disability is removed. This | 9 | | subsection (f) does not invalidate any statute of repose | 10 | | provisions contained in this Section. This subsection (f) | 11 | | applies to actions commenced or pending on or after January 1, | 12 | | 2015 ( the effective date of Public Act 98-1077) this amendatory | 13 | | Act of the 98th General Assembly .
| 14 | | (g) This Section applies to any cause of action, regardless | 15 | | of the date the cause of action arises. This Section, however, | 16 | | does not bar the filing of an action based on the performance | 17 | | of professional services before the effective date of this | 18 | | amendatory Act of the 101st General Assembly if the action is | 19 | | filed within a reasonable period, not to exceed 6 years, after | 20 | | the effective date of this amendatory Act of the 101st General | 21 | | Assembly. This Section applies to all causes of action accruing | 22 | | on or after
its effective date.
| 23 | | (Source: P.A. 98-1077, eff. 1-1-15 .)".
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