REFERENCE TITLE: civil action; sexual assault; limitations

State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019

HB 2746

Introduced by Representative Shope

 

AN ACT

 

amending title 12, chapter 5, article 1, Arizona Revised Statutes, by adding section 12‑514; relating to limitations of actions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 12-514, to read:

START_STATUTE12-514.  Civil action arising from sexual assault committed against a minor; failure to report; statute of limitations; revived action after a criminal conviction; definition

A.  Notwithstanding sections 12‑505, 12‑511 and 12‑542, an action for the recovery of damages that is based on either of the following shall be commenced within twelve years after the plaintiff reaches eighteen years of age, and not afterward:

1.  An injury that a minor suffers as a result of another person's negligent or intentional act if that act is a cause of a sexual assault committed against the minor.

2.  The failure to report child abuse or a sexual assault committed against a minor pursuant to section 13‑3620.

B.  Notwithstanding subsection A of this section, if a defendant is charged by a criminal complaint or indictment after the plaintiff reaches thirty years of age, the statute of limitations for the cause of action is extended for one year from the final disposition of the criminal proceedings pursuant to section 12‑511.

C.  For the purposes of this section, "person" means an individual, the United States, this state or a public or private corporation, local government unit, public agency, partnership, association, firm, trust or estate or any other legal entity. END_STATUTE

Sec. 2.  Applicability

Section 12-514, Arizona Revised Statutes, as added by this act:

1.  Applies to any cause of action that either:

(a)  Is commenced on or after the effective date of this act.

(b)  Was filed before and remains pending on the effective date of this act.

2.  Revives any civil cause of action arising from a sexual assault committed against a minor or a failure to report child abuse or a sexual assault that would have been time barred by the laws of this state that were in effect before the effective date of this act but may now proceed based on section 12-514, Arizona Revised Statutes, as added by this act.