2018 -- H 7753

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LC005041

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

     Introduced By: Representatives McEntee, Tanzi, Craven, Knight, and O'Brien

     Date Introduced: February 28, 2018

     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) All claims or causes of action based on intentional conduct brought by any person for

recovery of damages for injury suffered as a result of childhood sexual abuse shall may be

commenced within seven (7) years of the act alleged to have caused the injury or condition, or

seven (7) years of the time the victim discovered or reasonably should have discovered that the

injury or condition was caused by the act, whichever period expires later at any time.

     (b) The victim need not establish which act in a series of continuing sexual abuse or

exploitation incidents cause the injury complained of, but may compute the date of discovery

from the date of the last act by the same perpetrator 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, "childhood 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. 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

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     This act would eliminate the statute of limitations for injuries suffered as a result of

sexual abuse by any person including a child.

     This act would take effect upon passage.

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LC005041

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