2026 -- H 7431

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LC004480

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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 Casimiro, McEntee, Alzate, Read, Fellela, DeSimone,
Cotter, and Craven

     Date Introduced: January 30, 2026

     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 statute of

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limitations contained in § 9-1-55 and any damages recovered therein shall not exceed the sum of

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five hundred thousand dollars ($500,000).

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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) Any civil action brought pursuant to the provisions of § 9-1-2, for injury as a result of

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conduct, in violation of § 11-9-5.3(b)(1), shall be commenced and sued within thirty-five (35) years

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next, after the cause of action shall accrue, and not after; provided, however, that the time limit or

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commencement of an action under this section, shall be tolled for a child, until the child reaches

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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 and cap civil damages recovery at

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five hundred thousand dollars ($500,000).

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     This act would take effect upon passage.

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