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SB 1626

LIMITS-CHILDHOOD SEX ABUSE

104th Regular Session Introduced by Steve McClure

SB 1626 lets Illinois childhood sexual abuse claims against bankruptcy estates be filed any time after accrual, bypassing normal civil time bars in bankruptcy cases.

Referred to Assignments
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Bill Summary · SB 1626

Summary — SB 1626 (Limits — Childhood Sexual Abuse)

Status: Referred to Assignments
Introduced: February 25, 2025
Statute amended: 735 ILCS 5/13-202.2 (Code of Civil Procedure — Childhood sexual abuse)

Main purpose

SB 1626 amends Illinois’s statute on limitations for claims arising from childhood sexual abuse. Its principal change establishes that, for the specific purpose of asserting claims in bankruptcy proceedings, a victim of childhood sexual abuse may bring a claim against a bankruptcy estate at any time after the cause of action accrues — effectively removing the ordinary time bar for making such bankruptcy claims.

Key provisions

  • Definitions retained/clarified:
    • “Childhood sexual abuse” — sexual abuse when the victim was under 18.
    • “Sexual abuse” includes sexual conduct and sexual penetration as defined in the Criminal Code.
  • Discovery/limitations framework (existing provisions preserved in the section):
    • A general civil-action rule that allows an action based on childhood sexual abuse to be commenced within 20 years of the date the limitation period begins to run under the discovery rule, or within 20 years of when the abused person discovers (or reasonably should discover) both that the abuse occurred and that the injury was caused by it.
    • Tolling special rules: limitations do not begin to run before the victim turns 18; tolling while under legal disability; tolling while victim is subject to threats, intimidation, manipulation, fraudulent concealment, or fraud by the abuser or someone acting for the abuser.
  • New bankruptcy carve-out (new or amended subsection):
    • “Notwithstanding any other provision of law, for purposes of making claims against a bankruptcy estate, an action for personal injury brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, may be brought at any time after the cause of action accrues.”
    • In other words, victims may present claims to bankruptcy estates after accrual without being barred by the state statute of limitations that would otherwise apply in non‑bankruptcy civil actions.

Who is affected

  • Primary beneficiaries: survivors of childhood sexual abuse seeking to file claims in bankruptcy proceedings against entities (for example, institutions, organizations, employers) that have declared bankruptcy.
  • Secondary stakeholders: bankruptcy trustees, creditors, insurers, debtor institutions (e.g., religious organizations, schools, nonprofits), defense and plaintiffs’ attorneys, and the bankruptcy courts that will process such claims.

Procedural/timeline notes and likely effects

  • The bill’s text applies specifically to claims against bankruptcy estates; it does not, on its face, eliminate the state’s civil statute of limitations for ordinary non‑bankruptcy lawsuits (those other limitation provisions remain in the statute).
  • If enacted, the change would allow childhood sexual‑abuse survivors to file creditor claims or proofs of claim in bankruptcy cases beyond the state’s ordinary limitation periods, which could increase the number and value of claims filed against bankrupt entities and affect distributions to other creditors.
  • The bill as provided does not specify an effective date beyond the usual legislative process; any implementation questions (e.g., interaction with federal bankruptcy rules and deadlines) would be resolved in bankruptcy practice and court decisions.

Issues to watch

  • Interaction with federal bankruptcy law (procedural deadlines, claim allowance/disallowance).
  • Potential financial exposure for debtor entities and insurers.
  • Case law development on how bankruptcy courts apply the statutory carve‑out in practice.

Compiled from official sources — confirm details with the bill’s official record.

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