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099-0090.Pdf Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b AN ACT concerning civil law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: ARTICLE 1. HEART BALM ACTIONS Section 1-1. Findings. The majority of states have abolished heart balm actions. In Illinois, heart balm actions for alienation of affections, breach of promise to marry, and criminal conversation were permitted under the common law before the abolition of those causes of action by "An Act in relation to certain causes of action conducive to extortion and blackmail, and to declare illegal, contracts and Acts made and done in pursuance thereof", filed May 4, 1935, Laws 1935, p. 716. The Illinois Supreme Court held, in Heck v. Schupp, 394 Ill. 296 (1946), that the 1935 Act was unconstitutional and that the abolition of heart balm actions would infringe upon the rights of parties to remedies under Section 19 of Article II of the 1870 Constitution. (Section 12 of Article I of the 1970 Constitution is similar to the relevant portion of Section 19 of Article II of the 1870 Constitution.) Since 1947, heart balm actions have been permitted with limited damages under the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act. Society has since recognized that the amicable settlement Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b of domestic relations disputes is beneficial. In 1977, the Illinois Marriage and Dissolution of Marriage Act became the law of this State. As stated in Section 102 of that Act, among its underlying purposes are: promoting the amicable settlement of disputes that have arisen between parties to a marriage; mitigating the potential harm to the spouses and their children caused by the process of legal dissolution of marriage; and eliminating the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage. Heart balm actions are inconsistent with these purposes. Society has also realized that women and men should have equal rights under the law. Heart balm actions are rooted in the now-discredited notion that men and women are unequal. Although the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act represent attempts to ameliorate some of the more odious consequences of heart balm actions, the General Assembly finds that actions for alienation of affections, breach of promise to marry, and criminal conversation are contrary to the public policy of this State and those causes of action should be abolished. Section 1-5. The Code of Civil Procedure is amended by changing Section 13-202 as follows: Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b (735 ILCS 5/13-202) (from Ch. 110, par. 13-202) Sec. 13-202. Personal injury - Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act. (Source: P.A. 94-1113, eff. 1-1-08.) Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b Section 1-10. The Alienation of Affections Act is amended by changing the title of the Act and Section 0.01 and by adding Section 7.1 as follows: (740 ILCS 5/Act title) An Act relating to the damages recoverable in actions for alienation of affections. (740 ILCS 5/0.01) (from Ch. 40, par. 1900) Sec. 0.01. Short title. This Act may be cited as the Alienation of Affections Abolition Act. (Source: P.A. 86-1324.) (740 ILCS 5/7.1 new) Sec. 7.1. Abolition; effect of repeal. (a) This amendatory Act of the 99th General Assembly does not apply to any cause of action that accrued under Sections 1 through 7 of this Act before their repeal, and a timely action brought under those Sections shall be decided in accordance with those Sections as they existed when the cause of action accrued. (b) An action may not be brought for alienation of affections based on facts occurring on or after the effective date of this amendatory Act of the 99th General Assembly. Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b (740 ILCS 5/1 rep.) (740 ILCS 5/2 rep.) (740 ILCS 5/3 rep.) (740 ILCS 5/4 rep.) (740 ILCS 5/5 rep.) (740 ILCS 5/6 rep.) (740 ILCS 5/7 rep.) Section 1-15. The Alienation of Affections Act is amended by repealing Sections 1, 2, 3, 4, 5, 6, and 7. Section 1-20. The Breach of Promise Act is amended by changing Section 0.01 and by adding Section 10.1 as follows: (740 ILCS 15/0.01) (from Ch. 40, par. 1800) Sec. 0.01. Short title. This Act may be cited as the Breach of Promise Abolition Act. (Source: P.A. 86-1324.) (740 ILCS 15/10.1 new) Sec. 10.1. Abolition; effect of repeal. (a) This amendatory Act of the 99th General Assembly does not apply to any cause of action that accrued under Sections 1 through 10 of this Act before their repeal, and a timely action brought under those Sections shall be decided in accordance with those Sections as they existed when the cause of action accrued. Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b (b) An action may not be brought for breach of promise or agreement to marry based on facts occurring on or after the effective date of this amendatory Act of the 99th General Assembly. (740 ILCS 15/1 rep.) (740 ILCS 15/2 rep.) (740 ILCS 15/3 rep.) (740 ILCS 15/4 rep.) (740 ILCS 15/5 rep.) (740 ILCS 15/6 rep.) (740 ILCS 15/7 rep.) (740 ILCS 15/8 rep.) (740 ILCS 15/9 rep.) (740 ILCS 15/10 rep.) Section 1-25. The Breach of Promise Act is amended by repealing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10. Section 1-30. The Criminal Conversation Act is amended by changing the title of the Act and Section 0.01 and by adding Section 7.1 as follows: (740 ILCS 50/Act title) An Act relating to the damages recoverable in actions for criminal conversation. Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b (740 ILCS 50/0.01) (from Ch. 40, par. 1950) Sec. 0.01. Short title. This Act may be cited as the Criminal Conversation Abolition Act. (Source: P.A. 86-1324.) (740 ILCS 50/7.1 new) Sec. 7.1. Abolition; effect of repeal. (a) This amendatory Act of the 99th General Assembly does not apply to any cause of action that accrued under Sections 1 through 7 of this Act before their repeal, and a timely action brought under those Sections shall be decided in accordance with those Sections as they existed when the cause of action accrued. (b) An action may not be brought for criminal conversation based on facts occurring on or after the effective date of this amendatory Act of the 99th General Assembly. (740 ILCS 50/1 rep.) (740 ILCS 50/2 rep.) (740 ILCS 50/3 rep.) (740 ILCS 50/4 rep.) (740 ILCS 50/5 rep.) (740 ILCS 50/6 rep.) (740 ILCS 50/7 rep.) Section 1-35. The Criminal Conversation Act is amended by repealing Sections 1, 2, 3, 4, 5, 6, and 7. Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b ARTICLE 5. OTHER AMENDATORY PROVISIONS Section 5-5. The Intergovernmental Missing Child Recovery Act of 1984 is amended by changing Section 7.1 as follows: (325 ILCS 40/7.1) (from Ch. 23, par. 2257.1) Sec. 7.1. In addition to any requirement of Section 601.2 601 or 611 of the Illinois Marriage and Dissolution of Marriage Act or applicable provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act regarding a parental responsibility allocation custody proceeding of an out-of-state party, every court in this State, prior to granting or modifying a parental responsibility allocation custody judgment, shall inquire with LEADS and the National Crime Information Center to ascertain whether the child or children in question have been reported missing or have been involved in or are the victims of a parental or noncustodial abduction.
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