2025 -- H 5909 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

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

CAUSES OF ACTION

     Introduced By: Representatives McEntee, Shekarchi, Caldwell, Knight, Spears, Fogarty,
Ajello, Donovan, Kazarian, and Casimiro

     Date Introduced: February 28, 2025

     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 party by any

person for recovery of damages for injury suffered as a result of sexual abuse, including alleging

negligent supervision of a person that sexually abused a minor, or that the defendant's conduct

caused or contributed to the childhood sexual abuse by another person to include, but not be limited

to, wrongful conduct, negligence 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 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 claims or causes A claim or cause 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 based on conduct of sexual abuse or conduct that caused or contributed to sexual abuse,

including alleging negligent supervision of a person that sexually abused a minor or that the

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

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

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

child regardless if the claims were time-barred under previous versions of the general laws on the

effective date of this section, may be commenced within the time period enumerated in subsections

(a)(1)(i) and (a)(1)(ii) of this section.

     (3) Any action dismissed solely as a result of the previous statute of limitations for child

sexual abuse may be revived by this section.

     (4) Notwithstanding any other law, a cause of action for damages that involves sexual

conduct or sexual contact with a child, including alleging negligent supervision of a person that

sexually abused a minor, or that the defendant's conduct caused or contributed to the childhood

sexual abuse by another person to include, but not be limited to wrongful conduct, negligence or

default in supervision, hiring, employment, training, monitoring, or failure to report and/or the

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concealment of sexual abuse of a child, and that would be time barred because of an applicable

statute of limitations may be revived and may be commenced by no later than June 30, 2027.

     (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 defendant 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.

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

amended by adding thereto the following section:

     9-1-59. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances is

held invalid, such invalidity shall not affect other provisions or applications of this chapter, which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severable.

     SECTION 3. This act shall take effect on July 1, 2025.

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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

***

     This act would amend what is considered sexual abuse for purposes of limitations on

actions based on sexual abuse or exploitation of a child and would amend the provisions for when

a cause of action may be brought.

     This act would take effect on July 1, 2025.

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