SB311 (2008) Detail

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


CHAPTER 193

SB 311-FN – FINAL VERSION

02/21/08 0520s

05/15/08 1733eba

2008 SESSION

08-2644

06/04

SENATE BILL 311-FN

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

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Roberge, Dist 9; Sen. Gottesman, Dist 12; Rep. Wall, Straf 7; Rep. G. Richardson, Merr 4; Rep. Drisko, Hills 5; Rep. Mooney, Hills 19

COMMITTEE: Judiciary

ANALYSIS

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/21/08 0520s

05/15/08 1733eba

08-2644

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

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

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

193:1 Limitations of Actions; Sexual Assault and Related Offenses. RSA 508:4-g is repealed and reenacted to read as follows:

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. Twelve 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.

193:2 Effective Date. This act shall take effect January 1, 2009.

Approved; June 11, 2008

Effective Date: January 1, 2009