Bill Summary – FastDemocracy

LB174                                                                     LB174
                                                                     2023
                               LEGISLATURE OF NEBRASKA
                          ONE HUNDRED EIGHTH LEGISLATURE
                                   FIRST SESSION
                       LEGISLATIVE BILL 174
        Introduced by Dungan, 26; Conrad, 46; DeBoer, 10; Wishart, 27.
        Read first time January 09, 2023
        Committee: Judiciary
    A BILL FOR AN ACT relating to civil procedure; to amend section 25-228,
       Revised Statutes Cumulative Supplement, 2022; to change the statute
       of limitations on certain civil actions for sexual assault of a
       child; and to repeal the original section.
    Be it enacted by the people of the State of Nebraska,
                                           -1-
LB174                                                                                         LB174
                                                                                         2023
        Section 1. Section 25-228, Revised Statutes Cumulative Supplement,
    2022, is amended to read:
        25-228 (1) Except as otherwise provided in the State Tort Claims Act
    and the Political Subdivisions Tort Claims Act, there shall not be any
   time limitation for an action against Notwithstanding any other provision
   of law:
        (a) The There shall not be any time limitation for an action against
    the individual or individuals directly causing an injury or injuries
    suffered by a plaintiff when the plaintiff was a victim of a violation of
    section 28-319.01 or 28-320.01 if such violation occurred (i) on or after
    August 24, 2017, or (ii) prior to August 24, 2017, if such action was not
    previously time barred; or and
        (b)    Any An    action against any person or   entity other than the
    individual directly causing an injury or injuries suffered by a plaintiff
    when the plaintiff was a victim of a violation of section 28-319.01 or
    28-320.01 if such violation occurred (i) on or after the effective date
   of this act or (ii) prior to the effective date of this act, if such
   action was not previously time barred may only be brought within twelve
   years after the plaintiff's twenty-first birthday.
        (2) Criminal prosecution of a defendant under section 28-319.01 or
    28-320.01 is not required to maintain a civil action for violation of
    such sections.
       Sec.    2.        Original section    25-228,   Revised Statutes Cumulative
   Supplement, 2022, is repealed.
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Statutes affected: 
Introduced: 25-228