SB508 (2020) Detail

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


SB 508  - AS INTRODUCED

 

 

2020 SESSION

20-2734

04/03

 

SENATE BILL 508

 

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

 

SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Kahn, Dist 10; Sen. Chandley, Dist 11; Sen. Reagan, Dist 17; Sen. Bradley, Dist 3; Sen. Feltes, Dist 15; Sen. Soucy, Dist 18; Rep. Gordon, Graf. 9; Rep. Altschiller, Rock. 19; Rep. K. Murray, Rock. 24; Rep. Cushing, Rock. 21; Rep. Abbas, Rock. 8

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill allows an action based on the sexual assault or incest statutes to be commenced at any time.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2734

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

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

 

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

 

1  Limitation of Actions; Actions Based on Sexual Assault and Related Offenses.  Amend RSA 508:4-g 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] may commence a personal action at any time.

2  Bodily Injury Actions Against Governmental Units; Limitation on Actions.  Amend RSA 507-B:7 to read as follows:

507-B:7  Limitation on Actions.  

I.  Except as provided in paragraph II, no actions shall be maintained against the governmental unit under this chapter unless the same is commenced within 3 years after the time of injury or damage, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 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.  As a condition precedent to commencement of the action, the clerk of the governmental unit shall be notified by registered mail within 60 days after the time of the injury or damage or discovery of the injury or damage, if it could not reasonably have been discovered at the time of the occurrence of the injury or damage, as to the date, time and location where the injury or damage occurred, and provided that in any case where lack of written notice, actual knowledge or reasonable opportunity to obtain knowledge of any injury or damage within the 60-day period is alleged by the governmental unit, the burden of proof shall be on the governmental unit to show that it was substantially prejudiced thereby.

II.  A person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2 by a governmental unit, may commence an action at any time after the injury or damage occurs.  The requirement for notification to the clerk of the governmental unit shall not apply to an action based on an offense under RSA 632-A or RSA 639:2.

3  Effective Date.  This act shall take effect 60 days after its passage.

Links

SB508 at GenCourtMobile
SB508 Discussion

Action Dates

Date Body Type
Feb. 20, 2020 Senate Hearing

Bill Text Revisions

SB508 Revision: 7729 Date: Dec. 23, 2019, 5:56 p.m.

Docket

Date Status
Jan. 8, 2020 To Be Introduced 01/08/2020 and Referred to Judiciary; SJ 1
Feb. 20, 2020 Hearing: 02/20/2020, Room 100, SH, 10:00 am; SC 7