2024 -- H 7168 | |
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LC003313 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- | |
CAUSES OF ACTION | |
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Introduced By: Representatives Casimiro, Roberts, Noret, Craven, McEntee, Boylan, | |
Date Introduced: January 11, 2024 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 9-1-14 of the General Laws in Chapter 9-1 entitled "Causes of |
2 | Action" is hereby amended to read as follows: |
3 | 9-1-14. Limitation of actions for words spoken or personal injuries. |
4 | (a) Actions for words spoken shall be commenced and sued within one year next after the |
5 | words spoken, and not after. |
6 | (b) Actions for injuries to the person shall be commenced and sued within three (3) years |
7 | next after the cause of action shall accrue, and not after, except as provided for otherwise in |
8 | subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or |
9 | exploitation of a child shall be governed by § 9-1-51 and any claim based on conduct consisting of |
10 | first degree child abuse in violation of § 11-9-5.3(b)(1) shall be commenced within the period |
11 | provided by § 9-1-55. |
12 | (c) As to an action for personal injuries wherein an injured party is entitled to proceed |
13 | against an insurer pursuant to § 27-7-2, where an action is otherwise properly filed against an |
14 | insured within the time limitations provided for by this section, and process against the insured |
15 | tortfeasor has been returned “non estinventus” and filed with the court, then the statutory limitation |
16 | for filing an action under § 27-7-2 directly against an insurer shall be extended an additional one |
17 | hundred twenty (120) days after the expiration of the time limitation provided for in subsection (b) |
18 | herein. |
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1 | SECTION 2. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby |
2 | amended by adding thereto the following section: |
3 | 9-1-55. Limitation on actions based on child abuse - Harter's Law. |
4 | (a) This section shall be known and may be referred to as "Harter's Law". |
5 | (b) In any civil action for any person bringing an action pursuant to the provisions of § 9- |
6 | 1-2 for injury as a result of conduct in violation of § 11-9-5.3(b)(1) shall be commenced and sued |
7 | within thirty-five (35) years next after the cause of action shall accrue, and not after; provided, |
8 | however, that the time limit or commencement of an action under this section shall be tolled for a |
9 | child until the child reaches eighteen (18) years of age. |
10 | SECTION 3. 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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1 | This act would create "Harter's Law" to extend the civil statute of limitations for injuries |
2 | resulting from first degree child abuse to thirty-five (35) years. |
3 | This act would take effect upon passage. |
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