2019 -- H 5171 SUBSTITUTE B

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LC000055/SUB B

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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:

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     SECTION 1. Sections 9-1-14, 9-1-25 and 9-1-51 of the General Laws in Chapter 9-1

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entitled "Causes of Action" are 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.

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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

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limitation for filing an action under § 27-7-2 directly against an insurer shall be extended an

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additional one hundred twenty (120) days after the expiration of the time limitation provided for

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in subsection (b) herein.

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

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

 

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

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

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

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

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

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

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

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

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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 based on intentional conduct brought against a

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perpetrator defendant by any person for recovery of damages for injury suffered as a result of

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

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     (i) seven (7) Thirty-five (35) years of the act alleged to have caused the injury or

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condition,; or

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

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

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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

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purposes of this section, "sexual abuse" shall have the same meaning as in subsection (e) of this

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section.

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     (2) All claims or causes of action brought against a non-perpetrator defendant by any

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person alleging negligent supervision of a person that sexually abused a minor, or that the non-

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perpetrator defendant's conduct caused or contributed to the childhood sexual abuse by another

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

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

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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 subsection (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 which caused or contributed to sexual abuse, if the action is

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not 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)( l ) and (a)(2)

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of this section.

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

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from the date of the last act by the same perpetrator which is part of a common scheme or plan of

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sexual abuse or exploitation.

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     (c) The knowledge of a custodial parent or guardian shall not be imputed to a person

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under 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, "childhood sexual abuse" means any act committed by the

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defendant against a complainant who was less than eighteen (18) years of age at the time of the

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act and which act would have been a criminal violation of chapter 37 of title 11.

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     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

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

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

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     This act would take effect upon passage.

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