ARIZONA STATE SENATE

RESEARCH STAFF

JAKE AGRON

LEGISLATIVE RESEARCH ANALYST

JUDICIARY COMMITTEE

Telephone: (602) 926 -3171

TO:                  MEMBERS OF THE SENATE

JUDICIARY COMMITTEE

DATE:            March 20, 2018

SUBJECT:      Strike everything amendment to H.B. 2157, relating to statute of limitations; sexual assault

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Purpose

Establishes a seven-year statute of limitations, from the date of disclosure, for civil actions arising from sexual assault committed against a minor.

Background

The statute of limitations for a personal injury claim is two years from when the cause of action accrues (A.R.S. § 12-542). If the claim arises when the injured party is a minor, that person has two years from reaching the age of 18 to bring an action (A.R.S. § 12-502).

A prosecution for a class 2 through a class 6 felony must be commenced within seven years of the offense, unless otherwise designated in statute. A prosecution for a sexual offense that is also a class 2 felony may be commenced at any time. Misdemeanor sex offenses have a one year statute of limitation (A.R.S. § 13-107).

A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person (A.R.S. § 13-1406).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires an action to recover damages based on an injury suffered as a result of another person's negligent or intentional act, that is sexual assault committed against a minor, to be commenced within seven years of when the cause of action accrues.

2. States that the cause of action accrues from the date the plaintiff first discloses the sexual assault to a licensed medical or mental health care provider in the context of receiving health care from the provider.

3. Contains an applicability clause that specifies the seven-year statute of limitations:

a) applies to causes of action commenced after the general effective date;

b) applies to any action filed before and still pending on the general effective date; and

c) revives any cause of action that would have been time barred before the general effective date.

4. Becomes effective on the general effective date.