Full Text of SB3351 101st General Assembly
SB3351 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3351 Introduced 2/14/2020, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/13-214.3 | from Ch. 110, par. 13-214.3 |
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Amends the Code of Civil Procedure. Provides that an attorney malpractice action in which the injury did not occur until the death of the person for whom the professional services were rendered may not be commenced in any event more than 6 years after the date the professional services were performed. Provides, with exceptions, that the changes apply to every cause of action, regardless of the date that the cause of action accrues.
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| | A BILL FOR |
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| | | SB3351 | | LRB101 19647 LNS 69134 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | otherwise (i)
against an attorney arising out of an act or | 18 | | omission in the performance of
professional services or (ii) | 19 | | against a non-attorney employee arising out
of an act or | 20 | | omission in the course of his or her employment by an attorney
| 21 | | to assist the attorney in performing professional services
must | 22 | | be commenced within 2 years from
the time the person bringing | 23 | | the action knew or reasonably should have
known of the injury |
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| 1 | | for which damages are sought.
| 2 | | (c) Except as provided in subsection (d), an action | 3 | | described in
subsection (b) may not be commenced in any event | 4 | | more than 6 years after
the date on which the act or omission | 5 | | occurred.
| 6 | | (d) When the injury caused by the act or omission does not
| 7 | | occur until
the death of the person for whom the professional | 8 | | services were rendered,
the action may be commenced within 2 | 9 | | years after the date of the person's
death unless letters of | 10 | | office are issued or the person's will is admitted
to probate | 11 | | within that 2 year period, in which case the action must be
| 12 | | commenced within the time for filing claims against the estate | 13 | | or a
petition contesting the validity of the will of the | 14 | | deceased person,
whichever is later, as provided in the Probate | 15 | | Act of 1975. An action may not be commenced in any event more | 16 | | than 6 years after the date the professional services were | 17 | | performed.
| 18 | | (e) If the person entitled to bring the action is under the | 19 | | age of
majority or under other legal disability at the time the | 20 | | cause of action
accrues, the period of limitations shall not | 21 | | begin to run until majority is
attained or the disability is | 22 | | removed. | 23 | | (f) If the person
entitled to bring an action described in | 24 | | this Section is not under a legal disability at the time the | 25 | | cause of action accrues, but becomes under a legal disability | 26 | | before the period of limitations otherwise runs, the period of |
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| 1 | | limitations is stayed until the disability is removed. This | 2 | | subsection (f) does not invalidate any statute of repose | 3 | | provisions contained in this Section. This subsection (f) | 4 | | applies to actions commenced or pending on or after January 1, | 5 | | 2015 ( the effective date of Public Act 98-1077) this amendatory | 6 | | Act of the 98th General Assembly .
| 7 | | (g) This Section applies to all causes of action regardless | 8 | | of the date that the cause of action accrues, including those | 9 | | relating to professional services rendered before accruing on | 10 | | or after
its effective date. This Section, however, shall not | 11 | | bar any cause of action that is timely if filed on the day | 12 | | before the effective date of this amendatory Act of the 101st | 13 | | General Assembly if such filing is determined to be within a | 14 | | reasonable period, not to exceed 6 years, after the effective | 15 | | date of this amendatory Act of the 101st General Assembly.
| 16 | | (Source: P.A. 98-1077, eff. 1-1-15 .)
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