2021 -- H 5143

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LC000018

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

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

CAUSES OF ACTION

     

     Introduced By: Representatives McEntee, Ruggiero, Knight, Craven, and Caldwell

     Date Introduced: January 25, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-1-51 of the General Laws in Chapter 9-1 entitled "Causes of

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Action" is hereby amended to read as follows:

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

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     (a)(1) All claims or causes of action brought against a perpetrator defendant by any person

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for recovery of damages for injury suffered as a result of sexual abuse shall be commenced within

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the later to expire of:

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

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

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

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

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

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

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     (2) All Except as provided or determined otherwise pursuant to subsection (f) of this

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section, claims or causes of action brought against a non-perpetrator defendant by any person

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

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

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

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

 

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child shall be commenced within the later to expire of:

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

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the minor; or

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

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

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

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

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

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(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

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

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

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

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conduct of sexual abuse or conduct that caused or contributed to sexual abuse, if the action is not

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otherwise time-barred under previous version of the general laws on the effective date of this

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section, may be commenced within the time period enumerated in subsections (a)(1) and (a)(2) of

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this section.

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

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

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

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abuse or exploitation.

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

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the age of eighteen (18) years.

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

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years.

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

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

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

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     (f) For purposes of this section:

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     (1) The term "perpetrator defendant" shall include:

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     (i) A person whose acts or conduct constitute sexual abuse or exploitation of a child; and

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     (ii) Any person or entity who shall aid, assist, abet, counsel, hire, command, or procure a

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perpetrator defendant to perform or commit sexual abuse or exploitation of a child, may be deemed

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a perpetrator defendant for purposes of this section.

 

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     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 expand the definition of the term "perpetrator defendant" for purposes of

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bringing a civil action based upon sexual abuse or exploitation of a child. This act would

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specifically provide that a person or entity who aids or abets a perpetrator defendant whose actions

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or conduct constitute sexual abuse or exploitation of a child, is also a perpetrator defendant for

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purposes of this section.

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     This act would take effect upon passage.

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