Bill Text: IL SB2952 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. In provisions that limit an action against an attorney for malpractice to no later than 6 years after the date on which the attorney's act or omission occurred adds this exception: if the client is still represented by the attorney or the attorney knowingly conceals the act or omission, the period of limitations shall not begin to run until the person is no longer represented by the attorney or until the client should have known of the injury.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2952 Detail]

Download: Illinois-2011-SB2952-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2952 Introduced 2/1/2012, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
735 ILCS 5/13-214.3 from Ch. 110, par. 13-214.3
Amends the Code of Civil Procedure. In provisions that limit an action against an attorney for malpractice to no later than 6 years after the date on which the attorney's act or omission occurred adds this exception: if the client is still represented by the attorney or the attorney knowingly conceals the act or omission, the period of limitations shall not begin to run until the person is no longer represented by the attorney or until the client should have known of the injury.
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A BILL FOR
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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 13-214.3 as follows:
(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 13-214.3. Attorneys.
(a) In this Section: "attorney" includes (i) an individual
attorney, together with his or her employees who are attorneys,
(ii) a professional partnership of attorneys, together with its
employees, partners, and members who are attorneys, and (iii) a
professional service corporation of attorneys, together with
its employees, officers, and shareholders who are attorneys;
and "non-attorney employee" means a person who is not an
attorney but is employed by an attorney.
(b) An action for damages based on tort, contract, or
otherwise (i) against an attorney arising out of an act or
omission in the performance of professional services or (ii)
against a non-attorney employee arising out of an act or
omission in the course of his or her employment by an attorney
to assist the attorney in performing professional services must

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be commenced within 2 years from the time the person bringing
the action knew or reasonably should have known of the injury
for which damages are sought.
(c) Except as provided in subsection (d), an action
described in subsection (b) may not be commenced in any event
more than 6 years after the date on which the act or omission
occurred, however if the person entitled to bring the action is
still represented by the attorney or the attorney knowingly
conceals the act or omission so as to prevent the person
bringing the action from becoming aware of the act or omission,
the period of limitations is not limited by the 6 year
limitation and shall not begin to run until the person is no
longer represented by the attorney or until the person knows or
should have known of the injury.
(d) When the injury caused by the act or omission does not
occur until the death of the person for whom the professional
services were rendered, the action may be commenced within 2
years after the date of the person's death unless letters of
office are issued or the person's will is admitted to probate
within that 2 year period, in which case the action must be
commenced within the time for filing claims against the estate
or a petition contesting the validity of the will of the
deceased person, whichever is later, as provided in the Probate
Act of 1975.
(e) If the person entitled to bring the action is under the
age of majority or under other legal disability at the time the

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cause of action accrues, the period of limitations shall not
begin to run until majority is attained or the disability is
removed.
(f) This Section applies to all causes of action accruing
on or after its effective date.
(Source: P.A. 86-1371.)