ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1101: schools; calculated opportunity index S/E: statute of limitations; sexual assault |
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PRIME SPONSOR: Senator Carter, LD 15
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Summary of the Strike-Everything Amendment to SB 1101
Overview
Gives a victim up to the age of 30 to file
an action based on a child sexual assault or a mandatory reporter's failure to
report child abuse or a sexual assault committed against the minor.
History
An injured tort victim typically has two years to sue the tortfeasor (A.R.S. § 12-542). The victim has an additional year from the final disposition of a criminal proceeding if the defendant is charged in a criminal complaint or indictment, regardless of whether the defendant is actually convicted (A.R.S. § 12-511). If the victim is a minor, the time limit does not start until the victim turns 18 years old (A.R.S. § 12-502).
With some exceptions, a person who is responsible for the care or treatment of a minor and who reasonably believes that a minor is or has been a victim of non-accidental abuse, physical injury, neglect, or deprivation of care must report the issue to a peace officer, the department of child safety, or a tribal law enforcement or social service agency (A.R.S § 13-3620). If the report concerns someone who does not have care, custody, or control of the minor, the report must be made to a peace officer.
Provisions
1. Extends, from 2 to 12 years, the statute of limitations for a victim to bring a lawsuit based on a:
a. Sexual assault the minor suffers due to another person's negligent or intentional conduct; or
b. Mandatory reporter's failure to report child abuse or a sexual assault committed against the minor (Sec. 1).
2. Provides that the cause of action accrues when the victim reaches 18 years of age (Sec. 1).
3. Permits a victim who is under 30 years old on the effective date to file an action up to the age of 30 (Sec. 2).
4. Permits every other victim to file an action for up to one year from the effective date (Sec. 2).
5. Applies to any cause of action filed on or after the effective date of the act (Sec. 2).
6. Applies to any cause of action filed before and still pending on the effective date of the act (Sec. 2).
7. Defines person as 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 (Sec. 1).
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Fifty-fourth Legislature SB 1101
First Regular Session Version 1: Appropriations
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