2019 -- H 5171

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LC000055

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

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

CAUSES OF ACTION

     Introduced By: Representatives McEntee, Craven, Casimiro, Blazejewski, and O'Brien

     Date Introduced: January 23, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 9-1-25 and 9-1-51 of the General Laws in Chapter 9-1 entitled

"Causes of Action" are hereby amended to read as follows:

     9-1-25. Time for bringing suit against state, political subdivision, city, or town.

     (a) Except as provided in subsection (b) of this section and in § 9-1-51, for cases of

sexual abuse, when When a claimant is given the right to sue the state of Rhode Island, any

political subdivision of the state, or any city or town by a special act of the general assembly, or

in cases involving actions or claims in tort against the state or any political subdivision thereof or

any city or town, the action shall be instituted within three (3) years from the effective date of the

special act, or within three (3) years of the accrual of any claim of tort. Failure to institute suit

within the three (3) year period shall constitute a bar to the bringing of the legal action.

     (b) In cases of childhood sexual abuse, the time for bringing suit against the state of

Rhode Island or any other entity identified in subsection (a) of this section, § 9-1-51 shall apply.

     9-1-51. Limitation on actions based on sexual abuse or exploitation of a child.

     (a)(1) 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 be

commenced within seven (7) thirty-five (35) years of the act alleged to have caused the injury or

condition, or seven (7) years of from the time the victim discovered or reasonably should have

discovered that the injury or condition was caused by the act, whichever period expires later,

provided that the time limit for commencement of such an action under this section shall be tolled

for a child until the child reaches eighteen (18) years of age.

     (2) All claims or causes of action alleging that a defendant, which may include an

individual as well as a business entity or organization, negligently supervised a person who

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 limited to: wrongful conduct, neglect, or

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

concealment of childhood sexual abuse shall be commenced within the later to expire of:

     (i) Thirty-five (35) years from the acts alleged to have caused an injury or condition to

such minor; or

     (ii) Seven (7) years from the time the victim discovered or reasonably should have

discovered that an emotional or psychological injury or condition was caused by such act;

provided, however, that the time limit for commencement of such an action under this section

shall be tolled for a child until the child reaches eighteen (18) years of age.

     (3) For a period of three (3) years following the effective date of this section, victims of

child sexual abuse that occurred in this state who have been barred from filing suit against their

abusers by virtue of the expiration of the statute of limitations under the previous version of the

general laws, shall be permitted to file those claims in superior court. If the person committing the

act of sexual abuse against a minor was employed by an institution, agency, firm, business,

corporation, or other public or private entity that owed a duty of care to the victim, were engaged

in some activity over which the legal entity had some degree of responsibility or control, damages

against the legal entity shall be awarded under this section if there is a finding of negligence on

the part of the legal entity.

     (4) Any claim or cause of action based on conduct of childhood sexual abuse or wrongful

conduct which caused or contributed to childhood sexual abuse, if the action is not otherwise

time-barred under a previous version of the general laws on the effective date of this section, may

be commenced within the time period enumerated in subsection (a)(1) and (a)(2) of this section.

     (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)

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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 --

CAUSES OF ACTION

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     This act would extend the statute of limitations for victims of childhood sexual abuse

from seven (7) years to thirty-five (35) years. This act would also extend to thirty-five (35) years

the statute of limitations for conduct which caused or contributed to childhood sexual abuse. This

act would allow currently time-barred claims to be brought within three (3) years.

     This act would take effect upon passage.

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