SB 328 — CIVIL LAW-TECH

SB0328 EngrossedEnrolled LRB104 06446 JRC 16482 b AN ACT concerning civil law.

The Code of Civil Procedure is amended by changing Section 2-6162-209 as follows:

(735 ILCS 5/2-616)5/2-209) (from Ch.

2-616)2-209) Sec.

2-616.2-209.

Amendments.Act submitting to jurisdiction - Process.

(a) AtAny anyperson, timewhether beforeor finalnot judgmenta amendmentscitizen mayor beresident allowedof onthis justState, and reasonable terms, introducing any party who oughtin toperson haveor beenthrough joinedan asagent plaintiffdoes or defendant, dismissing any party,of changing the causeacts ofhereinafter actionenumerated, orthereby defensesubmits orsuch addingperson, newand, causesif ofan actionindividual, his or defenses,her andpersonal inrepresentative, anyto matter,the eitherjurisdiction of formthe orcourts substance, in any process, pleading, bill of particularsthis orState proceedings,as which may enable the plaintiff to sustainany thecause claimof foraction whicharising itfrom was intended to be brought or the defendantdoing toof makeany aof defensesuch oracts: assert a cross claim.

(b)(1) The causetransaction of action, cross claim or defense set up in any amendedbusiness pleading shall not be barred by lapse of time under any statute or contract prescribing or limiting the time within whichthis anState; action may be brought or right asserted, if the time prescribed or limited had not expired when the original pleading was filed, and if it shall appear from the original and amended pleadings that the cause of action asserted, or SB0328 Engrossed - 2 - LRB104 06446 JRC 16482 b the defense or cross claim interposed in the amended pleading grew out of the same transaction or occurrence set up in the original pleading, even though the original pleading was defective in that it failed to allege the performance of some act or the existence of some fact or some other matter which is a necessary condition precedent to the right of recovery or defense asserted, if the condition precedent has in fact been performed, and for the purpose of preserving the cause of action, cross claim or defense set up in the amended pleading, and for that purpose only, an amendment to any pleading shall be held to relate back to the date of the filing of the original pleading so amended.

(b-5)(2) IfThe acommission clerk's office rejects an electronically submitted document for any of thea reasonstortious statedact inwithin thethis ElectronicState; Filing Rejection Standards as provided by the Supreme Court Rules, the later filing of the original document with the error or errors corrected relates back to the earlier date of the electronic submission of the original document.

Any(3) submissionThe ofownership, ause, correctedor originalpossession documentof asany setreal forthestate situated in this subsectionState; must be made within 7 business days of the date that the clerk's office served notice upon the party that it has rejected the submitted document.

(b-10)(4) IfContracting ato clerk'sinsure officeany doesperson, notproperty fileor anrisk electronicallylocated submittedwithin documentthis becauseState ofat a technical failure of any court-approved electronic filing system, the latertime filing of thatcontracting; document relates back to the date the original document SB0328 Engrossed - 3 - LRB104 06446 JRC 16482 b was electronically submitted.

(c)(5) AWith pleadingrespect mayto beactions amendedof atdissolution anyof time,marriage, beforedeclaration orof afterinvalidity judgment,of tomarriage conformand legal separation, the pleadingsmaintenance toin this State of a matrimonial SB0328 Enrolled - 2 - LRB104 06446 JRC 16482 b domicile at the proofs,time uponthis termscause asof toaction costsarose andor continuancethe thatcommission mayin bethis just.State of any act giving rise to the cause of action;

(d)(6) AWith causerespect ofto actionactions againstbrought aunder personthe notIllinois originallyParentage namedAct aof defendant1984, isas notnow barredor byhereafter lapseamended, ofor time under anythe statuteIllinois orParentage contractAct prescribingof or2015 limitingon and after the timeeffective withindate whichof anthat actionAct, maythe beperformance broughtof oran rightact asserted,of ifsexual allintercourse thewithin followingthis termsState andduring conditionsthe arepossible met:period of conception;

(1)(7) theThe timemaking prescribed or limitedperformance hadof notany expiredcontract whenor thepromise originalsubstantially actionconnected waswith commenced;this State;

(2)(8) theThe person,performance within the time that the action might have been brought or the right asserted against him or her plus the time for service permitted under Supreme Court Rule 103(b), received such notice of thesexual commencementintercourse ofwithin thethis actionState thatwhich theis personclaimed willto nothave beresulted prejudiced in maintaining a defense on the meritsconception andof knew or should have known that, but for a mistakechild concerningwho theresides identityin ofthis theState; proper party, the action would have been brought against him or her;

and(9) (3)The itfailure appearsto fromsupport thea originalchild, andspouse amendedor pleadingsformer thatspouse thewho causehas ofcontinued actionto assertedreside in thethis amendedState pleadingsince grew out of the sameperson transactioneither orformerly occurrenceresided setwith upthem in thethis originalState pleading, even though the original pleading was defective in that it failed to allege the performance of some act or thedirected existencethem of some fact or some other matter which is a necessary condition precedent to thereside right of recovery when the condition precedent has in factthis beenState; performed, and even SB0328 Engrossed - 4 - LRB104 06446 JRC 16482 b though the person was not named originally as a defendant.

For(10) theThe purposeacquisition of preservingownership, thepossession causeor control of actionany underasset thoseor conditions,thing anof amendmentvalue addingpresent thewithin personthis asState awhen defendantownership, relatespossession backor tocontrol thewas dateacquired; of the filing of the original pleading so amended.

(e)(11) AThe causebreach of action against a beneficiary of a land trust not originally named a defendant is not barred by lapse of time under any statutefiduciary orduty contract prescribing or limiting the time within whichthis anState; action may be brought or right asserted, if all the following terms and conditions are met:

(1)(12) theThe causeperformance of actionduties arisesas froma director or officer of a corporation organized under the ownership,laws useof this State or possessionhaving its principal place of realbusiness estate,within recordSB0328 titleEnrolled whereto- is3 held- byLRB104 a06446 landJRC trustee;16482 b this State;

(2)(13) theThe timeownership prescribedof oran limitedinterest hadin notany expiredtrust whenadministered thewithin originalthis actionState; was commenced;

(3)or the(14) landThe trusteeexercise of recordpowers isgranted namedunder the authority of this State as a defendant;fiduciary.

and(b) (4)A thecourt plaintiffmay proceedsexercise withgeneral reasonablejurisdiction diligencein subsequentany to the commencement of the action toarising servewithin processor uponwithout thethis landState trustee,against toany determineperson thewho: identity of the beneficiary, and to amend the complaint to name the beneficiary as a defendant.

(f)(1) TheIs changesa madenatural byperson thispresent amendatorywithin Act of the 92nd General Assembly apply to all complaints filed on or after the effective date of this amendatoryState Act,when andserved; to complaints filed before the effective date of this amendatory Act if the limitation period has not ended before the effective date.

(g)(2) TheIs changesa madenatural byperson thisdomiciled amendatory Act of the 104th General Assembly apply to actions commenced or pendingresident onwithin orthis SB0328State Engrossedwhen -the 5cause -of LRB104action 06446arose, JRC 16482 b after the effectiveaction datewas ofcommenced, thisor amendatoryprocess Act.was served;

(3) Is a corporation organized under the laws of this State or having its principal place of business in this State;

or (4) Is a natural person or corporation doing business within this State;

or (5) Is a foreign business corporation that has consented to general jurisdiction in this State in accordance with subsection (b) of Section 13.20 or subsection (c-5) of Section 13.70 of the Business Corporation Act of 1983, but only if (i) the action alleges injury or illness resulting from exposure to a substance defined as toxic under the Uniform Hazardous Substances Act of Illinois, whether the cause of action SB0328 Enrolled - 4 - LRB104 06446 JRC 16482 b arises within or without this State, and (ii) jurisdiction is proper as to one or more named co-defendants under subsection (a) of this Section.

(b-5) Foreign defamation judgment.

The courts of this State shall have personal jurisdiction over any person who obtains a judgment in a defamation proceeding outside the United States against any person who is a resident of Illinois or, if not a natural person, has its principal place of business in Illinois, for the purposes of rendering declaratory relief with respect to that resident's liability for the judgment, or for the purpose of determining whether said judgment should be deemed non-recognizable pursuant to this Code, to the fullest extent permitted by the United States Constitution, provided:

(1) the publication at issue was published in Illinois, and (2) that resident (i) has assets in Illinois which might be used to satisfy the foreign defamation judgment, or (ii) may have to take actions in Illinois to comply with the foreign defamation judgment.

The provisions of this subsection (b-5) shall apply to persons who obtained judgments in defamation proceedings outside the United States prior to, on, or after the effective date of this amendatory Act of the 95th General Assembly.

(c) A court may also exercise jurisdiction on any other basis now or hereafter permitted by the Illinois Constitution SB0328 Enrolled - 5 - LRB104 06446 JRC 16482 b and the Constitution of the United States.

(d) Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this Section, may be made by personally serving the summons upon the defendant outside this State, as provided in this Act, with the same force and effect as though summons had been personally served within this State.

(e) Service of process upon any person who resides or whose business address is outside the United States and who is subject to the jurisdiction of the courts of this State, as provided in this Section, in any action based upon product liability may be made by serving a copy of the summons with a copy of the complaint attached upon the Secretary of State.

The summons shall be accompanied by a $5 fee payable to the Secretary of State.

The plaintiff shall forthwith mail a copy of the summons, upon which the date of service upon the Secretary is clearly shown, together with a copy of the complaint to the defendant at his or her last known place of residence or business address.

Plaintiff shall file with the circuit clerk an affidavit of the plaintiff or his or her attorney stating the last known place of residence or the last known business address of the defendant and a certificate of mailing a copy of the summons and complaint to the defendant at such address as required by this subsection (e).

The certificate of mailing shall be prima facie evidence that the plaintiff or his or her attorney mailed a copy of the summons SB0328 Enrolled - 6 - LRB104 06446 JRC 16482 b and complaint to the defendant as required.

Service of the summons shall be deemed to have been made upon the defendant on the date it is served upon the Secretary and shall have the same force and effect as though summons had been personally served upon the defendant within this State.

(f) Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him or her is based upon subsection (a).