Illinois General Assembly - Full Text of Public Act 095-0975
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Public Act 095-0975


 

Public Act 0975 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0975
 
HB4450 Enrolled LRB095 17173 AJO 43231 b

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

Effective Date: 1/1/2009