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

     

     Introduced By: Representatives Casimiro, Roberts, Noret, Craven, McEntee, Boylan,
Carson, Donovan, Speakman, and Potter

     Date Introduced: January 11, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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words spoken, and not after.

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

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

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

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exploitation of a child shall be governed by § 9-1-51 and any claim based on conduct consisting of

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first degree child abuse in violation of § 11-9-5.3(b)(1) shall be commenced within the period

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provided by § 9-1-55.

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

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

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

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tortfeasor has been returned “non estinventus” and filed with the court, then the statutory limitation

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

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hundred twenty (120) days after the expiration of the time limitation provided for in subsection (b)

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herein.

 

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     SECTION 2. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby

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amended by adding thereto the following section:

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     9-1-55. Limitation on actions based on child abuse - Harter's Law.

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     (a) This section shall be known and may be referred to as "Harter's Law".

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     (b) In any civil action for any person bringing an action pursuant to the provisions of § 9-

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1-2 for injury as a result of conduct in violation of § 11-9-5.3(b)(1) shall be commenced and sued

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within thirty-five (35) years next after the cause of action shall accrue, and not after; provided,

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however, that the time limit or commencement of an action under this section shall be tolled for a

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child until the child reaches eighteen (18) years of age.

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     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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     This act would create "Harter's Law" to extend the civil statute of limitations for injuries

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resulting from first degree child abuse to thirty-five (35) years.

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     This act would take effect upon passage.

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