2019 -- H 5171 SUBSTITUTE B

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LC000055/SUB B

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --

CAUSES OF ACTION

     Introduced By: Representatives McEntee, Craven, Casimiro, Blazejewski, and O'Brien

     Date Introduced: January 23, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 9-1-14, 9-1-25 and 9-1-51 of the General Laws in Chapter 9-1

entitled "Causes of Action" are hereby amended to read as follows:

     9-1-14. Limitation of actions for words spoken or personal injuries.

     (a) Actions for words spoken shall be commenced and sued within one year next after the

words spoken, and not after.

     (b) Actions for injuries to the person shall be commenced and sued within three (3) years

next after the cause of action shall accrue, and not after, except as provided for otherwise in

subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or

exploitation of a child shall be governed by § 9-1-51.

     (c) As to an action for personal injuries wherein an injured party is entitled to proceed

against an insurer pursuant to § 27-7-2, where an action is otherwise properly filed against an

insured within the time limitations provided for by this section, and process against the insured

tortfeasor has been returned "non estinventus" and filed with the court, then the statutory

limitation for filing an action under § 27-7-2 directly against an insurer shall be extended an

additional one hundred twenty (120) days after the expiration of the time limitation provided for

in subsection (b) herein.

     9-1-25. Time for bringing suit against state, political subdivision, city, or town.

     (a) Except as provided in subsection (b) of this section and in § 9-1-51, for cases of

sexual abuse, when When a claimant is given the right to sue the state of Rhode Island, any

political subdivision of the state, or any city or town by a special act of the general assembly, or

in cases involving actions or claims in tort against the state or any political subdivision thereof or

any city or town, the action shall be instituted within three (3) years from the effective date of the

special act, or within three (3) years of the accrual of any claim of tort. Failure to institute suit

within the three (3) year period shall constitute a bar to the bringing of the legal action.

     (b) In cases of childhood sexual abuse, the time for bringing suit against the state of

Rhode Island or any other entity identified in subsection (a) of this section, § 9-1-51 shall apply.

     9-1-51. Limitation on actions based on sexual abuse or exploitation of a child.

     (a) (1) All claims or causes of action based on intentional conduct brought against a

perpetrator defendant by any person for recovery of damages for injury suffered as a result of

childhood sexual abuse shall be commenced within the later to expire of:

     (i) seven (7) Thirty-five (35) years of the act alleged to have caused the injury or

condition,; or

     (ii) seven Seven (7) years of from the time the victim discovered or reasonably should

have discovered that the injury or condition was caused by the act, whichever period expires later.

     Provided, however, that the time limit or commencement of such an action under this

section shall be tolled for a child until the child reaches eighteen (18) years of age. For the

purposes of this section, "sexual abuse" shall have the same meaning as in subsection (e) of this

section.

     (2) All claims or causes of action brought against a non-perpetrator defendant by any

person alleging negligent supervision of a person that sexually abused a minor, or that the non-

perpetrator defendant's conduct caused or contributed to the childhood sexual abuse by another

person to include, but not be limited to, wrongful conduct, neglect or default in supervision,

hiring, employment, training, monitoring, or failure to report and/or the concealment of sexual

abuse of a child shall be commenced within the later to expire of:

     (i) Thirty-five (35) years of the act or acts alleged to have caused an injury or condition to

the minor; or

     (ii) Seven (7) years from the time the victim discovered or reasonably should have

discovered that the injury or condition was caused by the act.

     Provided, however, that the time limit or commencement of such an action under this

section shall be tolled for a child until the child reaches eighteen (18) years of age.

     For purposes of this section "sexual abuse" shall have the same meaning as in subsection

(e) of this section.

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     (3) As to a perpetrator defendant, any claim or cause of action based on conduct of sexual

abuse may be commenced within the time period enumerated in subsection (a)(1)(i) and (a)(1)(ii)

regardless if the claim was time-barred under previous version of the general laws.

     (4) Except as provided in subsection (a)(3) herein, any claim or cause of action based on

conduct of sexual abuse or conduct which caused or contributed to sexual abuse, if the action is

not otherwise time-barred under previous version of the general laws on the effective date of this

section, may be commenced within the time period enumerated in subsections (a)( l ) and (a)(2)

of this section.

     (b) The victim need not establish which act in a series of continuing sexual abuse or

exploitation incidents cause the injury complained of, but may compute the date of discovery

from the date of the last act by the same perpetrator which is part of a common scheme or plan of

sexual abuse or exploitation.

     (c) The knowledge of a custodial parent or guardian shall not be imputed to a person

under the age of eighteen (18) years.

     (d) For purposes of this section, "child" means a person under the age of eighteen (18)

years.

     (e) As used in this section, "childhood sexual abuse" means any act committed by the

defendant against a complainant who was less than eighteen (18) years of age at the time of the

act and which act would have been a criminal violation of chapter 37 of title 11.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --

CAUSES OF ACTION

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     This act would extend the statute of limitations for victims of childhood sexual abuse

from seven (7) years to thirty-five (35) years. This act would also extend to thirty-five (35) years

the statute of limitations for conduct which caused or contributed to childhood sexual abuse.

     This act would take effect upon passage.

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