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LC003370/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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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, Casimiro, Spears, Felix,
Cortvriend, Serpa, Fellela, and Knight

     Date Introduced: January 21, 2026

     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 party by any

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

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

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

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to, wrongful conduct, negligence or default in supervision, hiring, employment, training,

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monitoring, or failure to report and/or the concealment of sexual abuse of a child shall be

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commenced within 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 claims or causes A claim or cause of action brought against a non-perpetrator

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defendant by any person alleging negligent supervision of a person that sexually abused a minor,

 

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or that the non-perpetrator defendant’s conduct caused or contributed to the childhood sexual abuse

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by another person to include, but not be limited to, wrongful conduct, neglect or default in

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

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of sexual abuse of a 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 based on conduct of sexual abuse or conduct that caused or contributed to sexual abuse,

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

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

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

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

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

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

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

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

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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

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statute of limitations shall be revived and shall be commenced by no later than June 30, 2028.

 

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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 defendant which is part of a common scheme or plan

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of sexual 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) All claims or causes of action made pursuant to this section against the State of Rhode

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Island or any political subdivision thereof shall be exempt from the application of prejudgment

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interest pursuant to § 9-21-10.

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     (g) All claims or causes of action made pursuant to this section against the State of Rhode

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Island or any political subdivision thereof shall be subject to the limitations of damages set forth in

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§§ 9-31-1, 9-31-2, or 9-31-3 and any damages recovered therein shall not exceed the sum of one

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hundred thousand dollars ($100,000).

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     (h) In all actions filed pursuant to § 9-1-51(a)(3), other than those actions filed against the

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State of Rhode Island or any political subdivision thereof, in which a verdict is rendered or a

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decision made for pecuniary damages, there shall be added by the clerk of the court to the amount

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of damages interest at the rate of twelve percent (12%) per annum thereon from the date of written

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notice of the claim by the claimant or his or her representative to the defendant or the defendant’s

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insurer or the filing of the action, whichever comes first.

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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. Severability.

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

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

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

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this chapter are declared to be severable.

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     SECTION 3. This act shall take effect on July 1, 2026.

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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 amend what is considered sexual abuse for purposes of limitations on

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

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a cause of action may be brought.

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     This act would take effect on July 1, 2026.

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