13-202.1.No limitations on certain actions - Duties of Department of Corrections and State's Attorneys.

Article XIII. Limitations · Part 2. Personal Actions · Last amended 2013 · Last verified July 20, 2026

In one sentenceRemoves any time limit on a damages suit tied to a first degree murder, Class X felony, or Class 1 felony, as long as the person sued was convicted of that crime, and applies retroactively to revive previously time-barred claims.

Full Text of 735 ILCS 5/13-202.1

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(a) Notwithstanding any other provision of law, any action for damages against a person, however the action may be designated, may be brought at any time if --

(1) the action is based upon conduct of a person which constituted the commission of first degree murder, a Class X felony, or a Class 1 felony as these terms are utilized at the time of filing of the action; and

(2) the person was convicted of the first degree murder, Class X felony, or Class 1 felony. (b) The provisions of this Section are fully applicable to convictions based upon defendant's accountability under Section 5-2 of the Criminal Code of 1961 or the Criminal Code of 2012. (c) Paragraphs (a) and (b) above shall apply to any cause of action regardless of the date on which the defendant's conduct is alleged to have occurred or of the date of any conviction resulting therefrom. In addition, this Section shall be applied retroactively and shall revive causes of actions which otherwise may have been barred under limitations provisions in effect prior to the enactment and/or effect of P.A. 84-1450. (d) Whenever there is any settlement, verdict or judgment in excess of $500 in any court against the Department of Corrections or any past or present employee or official in favor of any person for damages incurred while the person was committed to the Department of Corrections, the Department within 14 days of the settlement, verdict or judgment shall notify the State's Attorney of the county from which the person was committed to the Department. The State's Attorney shall in turn within 14 days after receipt of the notice send the same notice to the person or persons who were the victim or victims of the crime for which the offender was committed, at their last known address, along with the information that the victim or victims should contact a private attorney to advise them of their rights under the law.

(e) Whenever there is any settlement, verdict or judgment in excess of $500 in any court against any county or county sheriff or any past or present employee or official in favor of any person for damages incurred while the person was incarcerated in any county jail, the county or county sheriff, within 14 days of the settlement, verdict or judgment shall notify the State's Attorney of the county from which the person was incarcerated in the county jail. The State's Attorney shall within 14 days of receipt of the notice send the same notice to the person or persons who were the victim or victims of the crime for which the offender was committed, at their last known address, along with the information that the victim or victims should contact a private attorney to advise them of their rights under the law.

(f) No civil action may be brought by anyone against the Department of Corrections, a State's Attorney, a County, a county sheriff, or any past or present employee or agent thereof for any alleged violation by any such entity or person of the notification requirements imposed by paragraph (d) or (e).

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Plain-English Summary

This section overrides every other limitations rule for a narrow but serious category of claims. If the defendant's conduct amounted to first degree murder, a Class X felony, or a Class 1 felony, and the defendant was convicted of that crime, the victim's damages action may be brought at any time — with no deadline at all. The rule reaches convictions based on accountability liability under the Criminal Code as well as direct conduct.

The section applies regardless of when the underlying conduct occurred or when the conviction happened, and it applies retroactively — reviving claims that would otherwise have been time-barred under limitations rules in place before Public Act 84-1450 took effect.

The remaining subsections impose separate notice duties: when a settlement, verdict, or judgment exceeding $500 is entered against the Department of Corrections, a county, or a county sheriff (or their employees) in favor of someone who was incarcerated, the responsible agency must notify the State's Attorney, who in turn must notify the crime victim so the victim can consult a private attorney. No civil action may be brought against these entities for failing to meet that notice duty.

Frequently Asked Questions

Is there a deadline to sue someone convicted of murdering a family member?

No. If the defendant was convicted of first degree murder, a Class X felony, or a Class 1 felony, the damages action may be brought at any time.

Does this no-deadline rule require a criminal conviction first?

Yes. The action must be based on conduct that constituted first degree murder, a Class X felony, or a Class 1 felony, and the person must have been convicted of it.

Can this section revive a claim that was already time-barred?

Yes. It applies retroactively and revives causes of action that may have been barred under limitations rules in effect before Public Act 84-1450.

What must happen when an incarcerated person wins a settlement or judgment over $500 against the Department of Corrections?

The Department must notify the State's Attorney within 14 days, who must then notify the crime victim within 14 days so the victim can consult a private attorney.

Can someone sue the Department of Corrections for failing to send that victim notice?

No. The section bars any civil action against the Department of Corrections, a State's Attorney, a county, a county sheriff, or their employees for violating the notice requirements.

Amendment History

(Source: P.A. 97-1150, eff. 1-25-13.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

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