Bill Text: HI SB79 | 2013 | Regular Session | Introduced
Bill Title: Limitation of Actions; Sexual Offenses Against Minors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-17 - Referred to JDL. [SB79 Detail]
Download: Hawaii-2013-SB79-Introduced.html
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THE SENATE |
S.B. NO. |
79 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to limitation of actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 657-1, Hawaii Revised Statutes, is amended to read as follows:
"§657-1 Six years. [The] Except
as provided by section 657-1.8, the following actions shall be commenced
within six years next after the cause of action accrued, and not after:
(1) Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court; excepting further that actions for the recovery of any debt founded upon any contract, obligation, or liability made pursuant to chapter 577A shall be governed by chapter 577A;
(2) Actions upon judgments or decrees rendered in any court not of record in the State, or, subject to section 657-9, in any court of record in any foreign jurisdiction;
(3) Actions for taking or detaining any goods or chattels, including actions in the nature of replevin;
(4) Personal actions of any nature whatsoever not specifically covered by the laws of the State."
SECTION 2. Section 657-1.8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Notwithstanding any law to the
contrary, [no] an action for recovery of damages based on
physical, psychological, or other injury or condition suffered by a minor
arising from the sexual abuse of the minor by any person [shall] may
be commenced against the person who committed the act of sexual abuse [more
than:
(1) Eight years after the eighteenth birthday of the minor
or the person who committed the act of sexual abuse attains the age of
majority, whichever occurs later; or
(2) Three
years after the date the minor discovers or reasonably should have discovered
that psychological injury or illness occurring after the age of minor's
eighteenth birthday was caused by the sexual abuse,
whichever
comes later.] at any
time.
A civil cause of action for the sexual abuse of a minor shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V or VI of chapter 707.
(b) For a period of two years after the
effective date of Act[68,] , Session Laws
of Hawaii [2012,] 2013, a victim of child sexual abuse that
occurred in this State who had been barred from filing a claim against the
victim's abuser due to the expiration of the applicable civil statute of limitations
that was in effect prior to the effective date of Act[68,] ,
Session Laws of Hawaii [2012,] 2013, may file a claim in a
circuit court of this State against the person who committed the act of sexual abuse.
A claim may also be brought under this subsection against a legal entity, except the State or its political subdivisions, if:
(1) The person who committed the act of sexual abuse against the victim was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim; or
(2) The person who committed the act of sexual abuse and the victim were engaged in an activity over which the legal entity had a degree of responsibility or control.
Damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. In printing this Act, the revisor of statutes shall insert the number of this Act in section 657-1.8(b), Hawaii Revised Statutes.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Limitation of Actions; Sexual Offenses Against Minors
Description:
Eliminates the statute of limitations for civil actions brought by persons subjected to sexual offenses as a minor against the person who committed the act.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
