This document includes House Committee Amendments incorporated into the bill on Tue, Feb 24, 2015 at 1:22 PM by lerror.
This document includes House Floor Amendments incorporated into the bill on Mon, Mar 2, 2015 at 12:09 PM by lerror.
1 2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill eliminates the statute of limitations for civil actions for child sexual abuse.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that a victim of child sexual abuse may file a civil action at any time.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 Ĥ→ [
17 Utah Code Sections Affected:
18 AMENDS:
19 78B-2-308, as renumbered and amended by Laws of Utah 2008, Chapter 3
20
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 78B-2-308 is amended to read:
23 78B-2-308. Civil actions for sexual abuse of a child.
24 (1) As used in this section:
25 (a) "Child" means a person under 18 years of age.
26 (b) "Discovery" means when a person knows or reasonably should know that the injury
27 or illness was caused by the intentional or negligent sexual abuse.
28 (c) "Injury or illness" means either a physical injury or illness or a psychological injury
29 or illness. A psychological injury or illness need not be accompanied by physical injury or
30 illness.
31 (d) "Molestation" means touching the anus, buttocks, or genitalia of any child, the
32 breast of a female child younger than 14 years of age, or otherwise taking indecent liberties
33 with a child, or causing a child to take indecent liberties with the perpetrator or another, with
34 the intent to arouse or gratify the sexual desire of any person.
35 (e) "Negligently" means a failure to act to prevent the child sexual abuse from further
36 occurring or to report the child sexual abuse to law enforcement when the adult who could act
37 knows or reasonably should know of the child sexual abuse and is the victim's parent,
38 stepparent, adoptive parent, foster parent, legal guardian, ancestor, descendant, brother, sister,
39 uncle, aunt, first cousin, nephew, niece, grandparent, stepgrandparent, or any person cohabiting
40 in the child's home.
41 (f) "Person" means an individual who was intentionally or negligently sexually abused.
42 It does not include individuals whose claims are derived through another individual who was
43 sexually abused.
44 (g) Ĥ→ "Perpetrator" means an individual who has committed an act of sexual abuse.
44a (h) ←Ĥ "Sexual abuse" means acts or attempted acts of sexual intercourse, sodomy, or
45 molestation Ĥ→ by an adult ←Ĥ directed towards a child.
46 (2) Ĥ→ (a) ←Ĥ A person [
46a1 for intentional
46a or negligent sexual abuse
47 suffered as a child[
47a Ĥ→ (b) A person may file a civil action against a non-perpetrator for intentional or
47b negligent sexual abuse suffered as a child:
48 [
49 [
50 person may bring a civil action for such sexual abuse within four years after discovery of the
51 sexual abuse, whichever period expires later. [
52 (3) The victim need not establish which act in a series of continuing sexual abuse
53 incidents caused the injury complained of, but may compute the date of discovery from the date
54 of discovery of the last act by the same perpetrator which is part of a common scheme or plan
55 of sexual abuse.
56 (4) The knowledge of a custodial parent or guardian may not be imputed to a person
57 under the age of 18 years.
58 (5) A civil action may be brought only against a living person who intentionally
59 perpetrated the sexual abuse or negligently permitted the sexual abuse to occur.
59a Ĥ→ Section 2. Effective date.
59b If approved by two-thirds of all the members elected to each house, this bill takes effect
59c upon approval by the governor, or the day following the constitutional time limit of Utah
59d Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
59e the date of veto override. ←Ĥ
Legislative Review Note
as of 2-4-15 6:15 PM
Office of Legislative Research and General Counsel