Bills · 2009-2010 Regular Session
the statute of limitations for sexual contact with a child and limits on recovery against the state and local political subdivisions.
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Under current law, the time a person has to bring an action (the statute of
limitations) for an injury resulting from being sexually assaulted or subject to incest
as a child, or from being subject to sexual contact by a member of the clergy as a child,
is any time before the injured party reaches the age of 35.
This bill removes the time limit for bringing those actions. In addition, the bill
applies this unlimited time period to a broader range of actions. Under the bill, there
is no limit on the time a person has to bring an action for injury resulting from being
subject, as a child, to any sexual contact by an adult or by an adult member of the
clergy. The bill also revives any cause of action that was barred by the present statute
of limitations and allows an injured party to bring that action for his or her injury
within three years after the effective date of the bill.
Under current law, the amount recoverable for damages in an action in tort
against a volunteer fire company, political corporation, governmental subdivision or
agency, or against their officers, officials, agents, or employees acting within the
scope of their official duties is limited to $50,000. For certain specified volunteer fire
companies and their officers, officials, agents, or employees, the limit is $25,000.
Currently, the amount recoverable for damages in a civil action against a state
officer, employee, or agent, or against a number of others designated to be state
officers, employees, or agents, including certain health care providers and pupil
services providers, and emergency planning committee members, is limited to
$250,000.
This bill removes those limits if the action is to recover damages for an injury
caused by an adult's sexual contact with anyone under the age of 18 or by the sexual
exploitation of a person under the age of 18 by a member of the clergy.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Introduced by: Staskunas (D)
Full history
- Mar 11, 2010 · Assembly
Introduced by Representative Staskunas
- Mar 11, 2010 · Assembly
Read first time and referred to committee on Criminal Justice
- Mar 26, 2010 · Assembly
Fiscal estimate received
- Mar 26, 2010 · Assembly
Fiscal estimate received
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1