An Act to authorize the revival of certain civil claims.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
26-10-25.1. Revival--Civil Claim--Child abuse.
Notwithstanding any other provision of law, in the case of alleged sexual abuse of a person under the age of eighteen, as defined in 26-10-29, if the civil action would otherwise be time-barred under 26-10-25 or other time limit, an action for damages against a person, as defined in 2-14-2, may be commenced no later than July 1, 2023. This section applies only to actions pending on or commenced on or after the effective date of this Act.
Section 2. That 26-10-25 be AMENDED:
26-10-25. Civil actions for damages--Childhood sexual abuse--Limitations.
Any civil action based on intentional conduct brought by any person or entity for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within three years of the act alleged to have caused the injury or condition, or three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act, whichever period expires later. However, no person who has reached the age of forty years may recover damages from any person or entity other than the person who perpetrated the actual act of sexual abuse.
Section 3. Section 1 of this Act is repealed July 1, 2023.