Under existing law, a civil action based on a sex offense committed against an individual under 19 years of age must be brought within six years of that individual's 19th birthday, or the action is time-barred. This bill would authorize a civil action based on a sex offense committed against an individual under 19 years of age or of unsound mind to be brought 20 years after the individual turns 19 years of age or is otherwise relieved of disability or two years after the criminal conviction of the alleged perpetrator, whichever is greater. This bill would, contingent on the ratification of a constitutional amendment authorizing the Legislature to revive time-barred rights and remedies relating to the sexual abuse of a minor, allow an individual whose claim relating to child sexual abuse is time-barred to commence a civil action not later than January 1, 2029, or two years after the criminal conviction or guilty plea of the alleged perpetrator, whichever is later. This bill would allow civil actions to be brought against the alleged perpetrator of child sexual abuse or against an organization that allegedly negligently prevented or responded to the abuse. This bill would provide that certain notice-of-claim requirements, damages caps, and immunity provisions do not apply to a claim of child sexual abuse. This bill would also provide that the period to bring a civil action for child sexual abuse shall be tolled during a criminal investigation of the abuse, a final judgment is entered, and all appeals are exhausted.

Statutes affected:
Introduced: 6-2-8, 6-2-8