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IL HB5512
Bill
Status
8/26/2014
Primary Sponsor
Elaine Nekritz
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AI Summary
HB5512 Summary
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Amends the Illinois Code of Civil Procedure to allow the statute of limitations to be stayed when a person becomes under a legal disability after a cause of action accrues, rather than only tolling when disability exists at the time the cause of action arises.
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Applies the disability stay provision to actions under Sections 13-205 and 13-206, but caps the stay at 10 years from the date disability is adjudicated.
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Adds new subsection (d) to Section 13-212 (physician/hospital liability) to stay the statute of limitations when a plaintiff becomes disabled before the limitations period runs, while preserving all existing statutes of repose.
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Adds new subsection (f) to Section 13-214.3 (attorney liability) to provide the same disability stay provision and preserve existing statutes of repose for legal malpractice claims.
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Applies these amendments to actions commenced or pending on or after the effective date of the 98th General Assembly.
Legislative Description
CIV PRO-LIMITATIONS:DISABILITY
Last Action
Public Act . . . . . . . . . 98-1077
8/26/2014