2019 -- S 0315

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LC001190

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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: Senators Nesselbush, Cano, Quezada, Conley, and Pearson

     Date Introduced: February 13, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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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 by any person

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

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

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condition, or seven (7) years of 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, whichever period expires later,

 

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

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

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

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

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sexually abused a minor, or that the defendant's conduct caused or contributed to the childhood

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sexual abuse by another person, to include, but not limited to: wrongful conduct, neglect, or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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the part of the legal entity.

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

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

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

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

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

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     This act would take effect upon passage.

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