[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
92_HB0543eng HB0543 Engrossed LRB9201704WHcs 1 AN ACT concerning tort immunity. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Local Governmental and Governmental 5 Employees Tort Immunity Act is amended by changing Section 6 8-101 as follows: 7 (745 ILCS 10/8-101) (from Ch. 85, par. 8-101) 8 Sec. 8-101. Limitation. 9 (a) No civil action other than an action described in 10 subsection (b) may be commenced in any court against a local 11 entity or any of its employees for any injury unless it is 12 commenced within one year from the date that the injury was 13 received or the cause of action accrued. 14 (b) No action for damages for injury or death against 15 any local public entity or public employee, whether based 16 upon tort, or breach of contract, or otherwise, arising out 17 of patient care shall be brought more than 2 years after the 18 date on which the claimant knew, or through the use of 19 reasonable diligence should have known, or received notice in 20 writing of the existence of the injury or death for which 21 damages are sought in the action, whichever of those dates 22 occurs first, but in no event shall such an action be brought 23 more than 4 years after the date on which occurred the act or 24 omission or occurrence alleged in the action to have been the 25 cause of the injury or death. 26 (c) For purposes of this Article, the term "civil 27 action" includes any action, whether based upon the common 28 law or statutes or Constitution of this State. 29 (d) The changes made by this amendatory Act of the 92nd 30 General Assembly apply to an action or proceeding pending on 31 or after this amendatory Act's effective date, unless those HB0543 Engrossed -2- LRB9201704WHcs 1 changes (i) take away or impair a vested right that was 2 acquired under existing law or (ii) with regard to a past 3 transaction or past consideration, create a new obligation, 4 impose a new duty, or attach a new disability. 5 (Source: P.A. 84-1431.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.