AS PASSED BY COMMITTEE
AMENDED
ARIZONA STATE SENATE
RESEARCH STAFF
|
JAKE AGRON |
|
LEGISLATIVE RESEARCH ANALYST JUDICIARY COMMITTEE Telephone: (602) 926 -3171 |
DATE: March 23, 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 for civil actions arising from sexual assault committed against a minor and specifies when the cause of action accrues.
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 later of the following:
a) 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; or
b) the date the plaintiff reaches the age of 18.
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.
Amendments Adopted in Committee
· Adopted the strike-everything amendment and further specified that the cause of action accrues from the date the plaintiff reaches the age of 18 if that date would be later than the date the plaintiff first disclosed the abuse to a medical or mental health professional.
Senate Action
JUD 3/22/18 DPA 4-3-0