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IL HB5512

Bill

Status

Passed

8/26/2014

Primary Sponsor

Elaine Nekritz

Click for details

Origin

House of Representatives

98th General Assembly

AI Summary

HB5512 Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary4/30/2014
Assignments4/10/2014
Judiciary2/20/2014
Rules2/13/2014

Full Bill Text

No bill text available