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:

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

Action" is hereby amended to read as follows:

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

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

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

the later to expire of:

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

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

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

section, 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.

     (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 subsections (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 that 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)(1) and (a)(2) of

this section.

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

exploitation incidents caused 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, "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.

     (f) For purposes of this section:

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

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

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

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

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

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

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

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

purposes of this section.

     This act would take effect upon passage.

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