Chapter 082 |
2019 -- S 0315 SUBSTITUTE A AS AMENDED Enacted 07/01/2019 |
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 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 9-1-14, 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: |
9-1-14. Limitation of actions for words spoken or personal injuries. |
(a) Actions for words spoken shall be commenced and sued within one year next after the |
words spoken, and not after. |
(b) Actions for injuries to the person shall be commenced and sued within three (3) years |
next after the cause of action shall accrue, and not after, except as provided for otherwise in |
subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or |
exploitation of a child shall be governed by § 9-1-51. |
(c) As to an action for personal injuries wherein an injured party is entitled to proceed |
against an insurer pursuant to § 27-7-2, where an action is otherwise properly filed against an |
insured within the time limitations provided for by this section, and process against the insured |
tortfeasor has been returned "non estinventus" and filed with the court, then the statutory |
limitation for filing an action under § 27-7-2 directly against an insurer shall be extended an |
additional one hundred twenty (120) days after the expiration of the time limitation provided for |
in subsection (b) herein. |
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 (3) 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 against a |
perpetrator defendant by any person for recovery of damages for injury suffered as a result of |
childhood sexual abuse shall be commenced within the later to expire of: |
(i) seven (7) Thirty-five (35) years of the act alleged to have caused the injury or |
condition,; or |
(ii) seven 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, however, that the time limit or commencement of such an action under this |
section shall be tolled for a child until the child reaches eighteen (18) years of age. For the |
purposes of this section, "sexual abuse" shall have the same meaning as in subsection (e) of this |
section. |
(2) All claims or causes of action brought against a non-perpetrator defendant by any |
person alleging negligent supervision of a person that sexually abused a minor, or that the non- |
perpetrator defendant's conduct caused or contributed to the childhood sexual abuse by another |
person to include, but not be limited to, wrongful conduct, neglect or default in supervision, |
hiring, employment, training, monitoring, or failure to report and/or the concealment of sexual |
abuse of a child shall be commenced within the later to expire of: |
(i) Thirty-five (35) years of the act or acts alleged to have caused an injury or condition to |
the minor; or |
(ii) Seven (7) years from the time the victim discovered or reasonably should have |
discovered that the injury or condition was caused by the act. |
Provided, however, that the time limit or commencement of such an action under this |
section shall be tolled for a child until the child reaches eighteen (18) years of age. |
For purposes of this section "sexual abuse" shall have the same meaning as in subsection |
(e) of this section. |
(3) As to a perpetrator defendant, any claim or cause of action based on conduct of sexual |
abuse may be commenced within the time period enumerated in subsection subsections (a)(1)(i) |
and (a)(1)(ii) regardless if the claim was time-barred under previous version of the general laws. |
(4) Except as provided in subsection (a)(3) herein, any claim or cause of action based on |
conduct of sexual abuse or conduct which that caused or contributed to sexual abuse, if the action |
is not otherwise time-barred under previous version of the general laws on the effective date of |
this section, may be commenced within the time period enumerated in subsections (a)( l ) 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) |
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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LC001190/SUB A/3 |
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