The proposed bill, known as the State and Political Subdivisions Sexual Abuse Liability Act, aims to establish liability for the state and political subdivisions in cases of sexual abuse against children and individuals with developmental disabilities. It allows victims to bring tort claims against these entities, asserting that they will be held liable similarly to private individuals or entities under comparable circumstances. The bill also includes a waiver of sovereign immunity, meaning that actions under this act are exempt from the limitations and requirements of the State Tort Claims Act and the Political Subdivisions Tort Claims Act, including limits on recoverable damages and statutes of limitations.

Additionally, the bill redefines key terms related to sexual abuse and clarifies that criminal prosecution is not a prerequisite for maintaining a civil action under this act. It specifies that there will be no time limitation for actions against individuals directly causing injuries from child sexual abuse or sexual abuse of individuals with developmental disabilities, while actions against other entities must be initiated within specified time frames. The bill amends existing statutes to harmonize definitions and provisions related to tort claims, ensuring that claims under this new act are clearly delineated from other types of claims.

Statutes affected:
Introduced: 13-903, 25-228