IL Gov signs law eliminating civil SOLs!

Illinois Legislature Page SB 1399: http://www.ilga.gov/legislation/billstatus.asp?DocNum=1399&GAID=12&GA=98&DocTypeID=SB&LegID=71953&SessionID=85

Public Act 098-0276

SB1399 Enrolled LRB098 10033 HEP 40192 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 13-202.2 as follows:

(735 ILCS 5/13-202.2)  (from Ch. 110, par. 13-202.2)

Sec. 13-202.2. Childhood sexual abuse.

(a) In this Section:

"Childhood sexual abuse" means an act of sexual abuse that

occurs when the person abused is under 18 years of age.

"Sexual abuse" includes but is not limited to sexual

conduct and sexual penetration as defined in Section 11-0.1 of

the Criminal Code of 2012.

(b) Notwithstanding any other provision of law, an action

for damages for personal injury based on childhood sexual abuse

must be commenced within 20 years of the date the limitation

period begins to run under subsection (d) or within 20 years of

the date the person abused discovers or through the use of

reasonable diligence should discover both (i) that the act of

childhood sexual abuse occurred and (ii) that the injury was

caused by the childhood sexual abuse. The fact that the person

abused discovers or through the use of reasonable diligence

should discover that the act of childhood sexual abuse occurred

is not, by itself, sufficient to start the discovery period

under this subsection (b). Knowledge of the abuse does not

constitute discovery of the injury or the causal relationship

between any later-discovered injury and the abuse.

(c) If the injury is caused by 2 or more acts of childhood

sexual abuse that are part of a continuing series of acts of

childhood sexual abuse by the same abuser, then the discovery

period under subsection (b) shall be computed from the date the

person abused discovers or through the use of reasonable

diligence should discover both (i) that the last act of

childhood sexual abuse in the continuing series occurred and

(ii) that the injury was caused by any act of childhood sexual

abuse in the continuing series. The fact that the person abused

discovers or through the use of reasonable diligence should

discover that the last act of childhood sexual abuse in the

continuing series occurred is not, by itself, sufficient to

start the discovery period under subsection (b). Knowledge of

the abuse does not constitute discovery of the injury or the

causal relationship between any later-discovered injury and

the abuse.

(d) The limitation periods under subsection (b) do not

begin to run before the person abused attains the age of 18

years; and, if at the time the person abused attains the age of

18 years he or she is under other legal disability, the

limitation periods under subsection (b) do not begin to run

until the removal of the disability.

(d-1) The limitation periods in subsection (b) do not run

during a time period when the person abused is subject to

threats, intimidation, manipulation, or fraud perpetrated by

the abuser or by any person acting in the interest of the

abuser.

(e) This Section applies to actions pending on the

effective date of this amendatory Act of 1990 as well as to

actions commenced on or after that date. The changes made by

this amendatory Act of 1993 shall apply only to actions

commenced on or after the effective date of this amendatory Act

of 1993. The changes made by this amendatory Act of the 93rd

General Assembly apply to actions pending on the effective date

of this amendatory Act of the 93rd General Assembly as well as

actions commenced on or after that date. The changes made by

this amendatory Act of the 96th General Assembly apply to

actions commenced on or after the effective date of this

amendatory Act of the 96th General Assembly if the action would

not have been time barred under any statute of limitations or

statute of repose prior to the effective date of this

amendatory Act of the 96th General Assembly.

(f) Notwithstanding any other provision of law, an action

for damages based on childhood sexual abuse may be commenced at

any time; provided, however, that the changes made by this

amendatory Act of the 98th General Assembly apply to actions

commenced on or after the effective date of this amendatory Act

of the 98th General Assembly if the action would not have been

time barred under any statute of limitations or statute of

repose prior to the effective date of this amendatory Act of

the 98th General Assembly.

(Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11;

97-1150, eff. 1-25-13.)