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| Public Act 095-0975 |
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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 | ||||
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 | ||||
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 --
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(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
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(2) the person was convicted of the first degree | ||||
murder, Class X
felony, or Class 1 felony.
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(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.
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(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
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provisions in effect prior to the enactment and/or effect of | ||
P.A. 84-1450.
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(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
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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
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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.
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(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).
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(Source: P.A. 89-8, eff. 3-21-95; 90-655, eff. 7-30-98.)
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