Present law provides that a civil action for an injury or illness based on child sexual abuse that occurred when the injured person was a minor must be brought for child sexual abuse that occurred:
(1) Before July 1, 2019, but was not discovered at the time of the abuse, within three years from the time of discovery of the abuse by the injured person; or
(2) On or after July 1, 2019, within the later of 15 years from the date the person becomes 18 or if the injury or illness was not discovered at the time of the abuse, then within three years from the time of discovery of the abuse by the injured person.
Present law provides that a person bringing such an action does not need to establish or prove which act in a series of continuing child sexual abuse incidents by the alleged perpetrator caused the injury or illness complained of, but may compute the date of discovery from the date of discovery of the last act by the same alleged perpetrator that is part of a common scheme or pattern of child sexual abuse. This bill adds to the present law by also providing that a person bringing such an action does not need to establish or prove which act in a series of continuing trafficking for a commercial sex act incidents by the alleged perpetrator caused the injury or illness complained of, but may compute the date of discovery from the date of discovery of the last act by the same alleged perpetrator that is part of a common scheme or pattern of trafficking for a commercial sex act.
Present law requires the injured person to offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator if the action (i) is brought against someone other than the alleged perpetrator of the child sexual abuse and (ii) is brought more than one year from the date the injured person attains the age of majority. This bill adds to the present law by applying the same requirement if the offense was trafficking for a commercial sex act.
As used in present law, "discovery" means when the injured person becomes aware that the injury or illness was caused by child sexual abuse. Discovery that the injury or illness was caused by child sexual abuse must not be deemed to have occurred solely by virtue of the injured person's awareness, knowledge, or memory of the acts of abuse. This bill adds to the definition by applying the same discovery standards when the offense is trafficking for a commercial sex act.
COMMERCIAL SEX ACT
As used in this bill, "trafficking for a commercial sex act" means any act that occurred when the victim was a minor where a person (i) knowingly subjects, attempts to subject, benefits from, or attempts to benefit from another person's provision of a commercial sex act; (ii) recruits, entices, harbors, transports, provides, purchases, or obtains by any other means, another person for the purpose of providing a commercial sex act; or (iii) commits the acts in this provision when the intended victim of the offense is a law enforcement officer or a law enforcement officer 18 or older posing as a minor.
This bill requires a civil action for an injury or illness based on trafficking for a commercial sex act that occurred when the injured person was a minor to be brought:
(1) For a commercial sex act that occurred before July 1, 2024, but was not discovered at the time of the commercial sex act, within three years from the time discovery of the abuse by the injured person; or
(2) For a commercial sex act that occurred on or after July 1, 2024, within 30 years from the date the person becomes 18.
ON MARCH 4, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1906, AS AMENDED.
AMENDMENT #1 revises the bill to, instead, require the injured person to offer clear and convincing evidence corroborating the claim of abuse or trafficking by the alleged perpetrator if an action is brought against someone other than the alleged perpetrator of the child sexual abuse or trafficking for a commercial sex act, and if the action is brought more than one year from the date the injured person attains the age of majority.
ON APRIL 1, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1906 FOR SENATE BILL 1801, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1906, AS AMENDED.
AMENDMENT #1 rewrites the bill and house amendment # 1 to, instead, make the following changes, in the context of an action for injury or illness based on child sexual abuse:
(1) Establishes that "trafficking for a commercial sex act" means, if the victim was a minor, that a person (i) knowingly subjects or attempts to subject, benefits from, or attempts to benefit from the victim's provision of a commercial sex act; or (ii) recruits, entices, harbors, transports, provides, purchases, or obtains by any other means the victim for the purpose of providing a commercial sex act;
(2) After references to "child sexual abuse," adds the language "or trafficking for a commercial sex act";
(3) If an action is brought against someone other than the alleged perpetrator of the child sexual abuse or trafficking for a commercial sex act, and if the action is brought more than one year from the date the injured person attains the age of majority, requires the injured person to offer admissible and credible evidence corroborating the claim of abuse or trafficking by the alleged perpetrator; and
(4) Requires that a civil action for an injury or illness based on trafficking for a commercial sex act that occurred when the injured person was a minor be brought (i) for a commercial sex act that occurred before July 1, 2024, but was not discovered at the time of the commercial sex act, within three years from the time discovery of the abuse by the injured person; or (ii) for a commercial sex act that occurred on or after July 1, 2024, within 30 years from the date the person becomes 18.

Statutes affected:
Introduced: 28-3-116(a), 28-3-116, 28-3-116(a)(2), 28-3-116(c)(1), 28-3-116(e)