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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
civil action; assault; reporting; limitation
Purpose
Establishes a seven-year statute of limitations for civil actions arising from sexual assault of a minor and failure to report child abuse or the sexual assault of a minor. 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 that personal injury claim arises when the injured party is a minor, that person has two years from reaching 18 years of age to bring an action (A.R.S. § 12-502).
A prosecution for a class 2 felony 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).
A person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect must immediately report or cause reports to be made of this information to specified public safety or child welfare entities. Statute defines persons who are mandatory reporters (A.R.S. § 13-3620).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an action for damages to be commenced within seven years after the cause of action accrues for:
a) 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; or
b) the failure to report child abuse or a sexual assault committed against a minor.
2. States that the cause of action accrues from the later of when:
a) the plaintiff reaches 18 years of age; or
b) the plaintiff first discloses the sexual assault to a licensed medical or mental healthcare 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 a cause of action commenced on or after the general effective date;
b) applies to an action filed before and remains pending on the general effective date; and
c) revives any cause of action that would have been time barred by laws in place before the general effective date.
4. Defines person as an individual, the Unite States, the state or a public or private corporation, local government unit, public agency, partnership, association, firm, trust or estate or any other legal entity.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 19, 2019
JA/kja