Full Text of HB4450 095th General Assembly
HB4450enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 13-202.1 as follows:
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| (735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
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| Sec. 13-202.1. No limitations on certain actions - Duties | 8 |
| of Department
of Corrections and State's Attorneys. | 9 |
| (a) Notwithstanding any other provision
of law, any action | 10 |
| for damages against a person, however the action may
be | 11 |
| designated, may be brought at any time if --
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| (1) the action is based upon conduct of a person which | 13 |
| constituted the
commission of first degree murder, a Class | 14 |
| X felony, or a Class 1
felony as these terms are utilized | 15 |
| at the time of filing of the action; and
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| (2) the person was convicted of the first degree | 17 |
| murder, Class X
felony, or Class 1 felony.
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| (b) The provisions of this Section are fully applicable to | 19 |
| convictions
based upon defendant's accountability under | 20 |
| Section 5-2 of the Criminal
Code of 1961, approved July 28, | 21 |
| 1961, as amended.
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| (c) Paragraphs (a) and (b) above shall apply to any cause | 23 |
| of action
regardless of the date on which the defendant's |
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| conduct is alleged to have
occurred or of the date of any | 2 |
| conviction resulting therefrom. In
addition, this Section | 3 |
| shall be applied retroactively and shall revive
causes of | 4 |
| actions which otherwise may have been barred under limitations
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| provisions in effect prior to the enactment and/or effect of | 6 |
| P.A. 84-1450.
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| (d) Whenever there is any settlement, verdict or judgment | 8 |
| in excess
of $500 in any court against the Department of | 9 |
| Corrections or any past or
present employee or official in | 10 |
| favor of any person for damages incurred while
the person was | 11 |
| committed to the Department of Corrections, the Department
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| within 14 days of the settlement, verdict or judgment shall | 13 |
| notify the State's
Attorney of the county from which the person | 14 |
| was committed to the Department.
The State's Attorney shall in | 15 |
| turn within 14 days after receipt of the notice send the same | 16 |
| notice to the
person or persons who were the victim or victims | 17 |
| of the crime for which the
offender was committed, at their | 18 |
| last known address, along with the information that the victim | 19 |
| or victims
should may contact a private attorney to advise them | 20 |
| of their rights under the law the State's Attorney for advice | 21 |
| concerning their rights to sue for
damages under the law. If so | 22 |
| requested, the State's Attorney's office shall
provide such | 23 |
| advice, but in no instance may the State's Attorney institute a
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| civil action for damages on behalf of the victim or victims . | 25 |
| (e) Whenever there is any settlement, verdict or judgment | 26 |
| in excess of $500 in any court against any county or county |
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| sheriff or any past or present employee or official in favor of | 2 |
| any person for damages incurred while the person was | 3 |
| incarcerated in any county jail, the county or county sheriff, | 4 |
| within 14 days of the settlement, verdict or judgment shall | 5 |
| notify the State's Attorney of the county from which the person | 6 |
| was incarcerated in the county jail. The State's Attorney shall | 7 |
| within 14 days of receipt of the notice send the same notice to | 8 |
| the person or persons who were the victim or victims of the | 9 |
| crime for which the offender was committed, at their last known | 10 |
| address, along with the information that the victim or victims | 11 |
| should contact a private attorney to advise them of their | 12 |
| rights under the law.
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| (f) No civil action may be brought by anyone against the | 14 |
| Department of
Corrections, a State's Attorney, a County, a | 15 |
| county sheriff, or any past or present employee or
agent | 16 |
| thereof for any alleged violation by any such entity or person | 17 |
| of the
notification requirements imposed by this paragraph (d) | 18 |
| or (e) .
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| (Source: P.A. 89-8, eff. 3-21-95; 90-655, eff. 7-30-98.)
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