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Full Text of HB4072
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HB4072 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4072
Introduced 10/15/2025, by Rep. Curtis J. Tarver, II - Kelly M. Cassidy, Nicole La Ha, Tony M. McCombie, Edgar González, Jr., et al.
SYNOPSIS AS INTRODUCED:
705 ILCS 505/25
from Ch. 37, par. 439.24-5
Amends the Court of Claims Act. Provides that exhaustion of remedies
is not required for any person who files a claim in the court for damages
based on the Code of Civil Procedure provisions pertaining to actions for
personal injury based on childhood sexual abuse. Contains a statement of
findings and intent. Provides that the changes made by the amendatory Act
applies to all actions pending or commenced on or after the effective date
of the amendatory Act and to any action that would not have been time
barred under the statute of limitations or statute of repose under the Code
of Civil Procedure affecting childhood sexual abuse before the effective
date of the amendatory Act.
LRB104 14010 JRC 27067 b
A BILL FOR
HB4072
LRB104 14010 JRC 27067 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Findings; intent.
The General Assembly finds
5
and declares that:
6
(1) All survivors of childhood sexual abuse have the
7
fundamental right to hold a party responsible for the harm
8
inflicted in their youth.
9
(2) Section 13-202.2 of the Code of Civil Procedure
10
was enacted to provide plaintiffs with the tools to
11
commence an action despite any statute of limitations or
12
other provision of law constituting a condition precedent
13
or hurdle to filing an action against any person or
14
institution when the plaintiff's harm is caused by
15
childhood sex abuse. The General Assembly did so by using
16
the preemptive language "notwithstanding any other
17
provision of law". The language "any other provision of
18
law" necessarily includes Court of Claims rules that would
19
hinder the commencement of an action, including, but not
20
limited to, the exhaustion of remedies provision.
21
(3) This Act is intended to be declarative of existing
22
law and to provide additional clarity that an action for
23
damages based on childhood sexual abuse may be commenced
24
at any time against any party, notwithstanding any other
HB4072
- 2 -
LRB104 14010 JRC 27067 b
1
provision of law, including, but not limited to, any law
2
requiring notice of claim, exhaustion of remedies, or
3
other condition precedent to the commencement of any
4
action.
5
Section 5.
The Court of Claims Act is amended by changing
6
Section 25 as follows:
7
(705 ILCS 505/25)
(from Ch. 37, par. 439.24-5)
8
Sec. 25.
Any person who files a claim in the court shall,
9
before seeking final determination of his or her claim exhaust
10
all other remedies and sources of recovery whether
11
administrative or judicial; except that failure to file or
12
pursue actions against State employees, acting within the
13
scope of their employment, shall not be a defense.
Exhaustion
14
of remedies shall not be required for any action commenced in
15
the court of claims for damages based on childhood sexual
16
abuse under Section 13-202.2 of the Code of Civil Procedure.
17
The changes made by this amendatory Act of the 104th General
18
Assembly apply to all actions pending or commenced on or after
19
the effective date of this amendatory Act of the 104th General
20
Assembly and to any action that would not have been time barred
21
under the statute of limitations or statute of repose under
22
Section 13-202.2 of the Code of Civil Procedure before the
23
effective date of this amendatory Act of the 104th General
24
Assembly.
HB4072
- 3 -
LRB104 14010 JRC 27067 b
1
(Source: P.A. 83-345.)
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