SB75 (2005) Detail

Relative to the statute of limitations for a civil actions based upon a sexual assault case.


CHAPTER 283

SB 75-FN – FINAL VERSION

11May2005… 1248h

06/29/05 1998cofc

2005 SESSION

05-0754

09/01

SENATE BILL 75-FN

AN ACT relative to the statute of limitations for a civil actions based upon a sexual assault case.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Gottesman, Dist 12; Sen. Flanders, Dist 7; Sen. Roberge, Dist 9; Sen. Kenney, Dist 3; Rep. Craig, Hills 9; Rep. Mooney, Hills 19; Rep. Norelli, Rock 16

COMMITTEE: Judiciary

ANALYSIS

This bill extends the statute of limitations for filing a civil action based upon a sexual assault if the victim was under 18 years of age when the sexual assault occurred.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11May2005… 1248h

06/29/05 1998cofc

05-0754

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the statute of limitations for a civil actions based upon a sexual assault case.

Be it Enacted by the Senate and House of Representatives in General Court convened:

283:1 New Section; Limitation of Actions; Sexual Assault and Related Offenses. Amend RSA 508 by inserting after section 4-f the following new section:

508:4-g Actions Based on Sexual Assault and Related Offenses. A person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2, who was under 18 years of age when the alleged offense occurred, may commence a personal action based on the incident within the later of:

I. Seven years of the person’s eighteenth birthday; or

II. Three years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.

283:2 Effective Date. This act shall take effect upon its passage.

(Approved: July 22, 2005)

(Effective Date: July 22, 2005)