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Bills · 2009-2010 Regular Session

AB 839

Died at session end Official bill text Atom feed

the statute of limitations for sexual contact with a child and limits on recovery against the state and local political subdivisions.

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. 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

  1. Mar 11, 2010 · Assembly

    Introduced by Representative Staskunas

  2. Mar 11, 2010 · Assembly

    Read first time and referred to committee on Criminal Justice

  3. Mar 26, 2010 · Assembly

    Fiscal estimate received

  4. Mar 26, 2010 · Assembly

    Fiscal estimate received

  5. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1