1618-S2 AMH WALJ BAKY 328

  

2SHB 1618 - H AMD 126

By Representative Walsh

NOT ADOPTED 03/03/2023

On page 1, beginning on line 7, after "(1)" strike all material through "(2)" on page 2, line 19 and insert "All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within the later of the following periods:

(a) Within ((three years of the act alleged to have caused the injury or condition)) 20 years of the victim reaching the age of 18 years;

(b) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act; or

(c) Within three years of the time the victim discovered that the act caused the injury for which the claim is brought:

PROVIDED, That the time limit for commencement of an action under this section is tolled for a child until the child reaches the age of eighteen years.

(2) The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse or exploitation.

(3) The knowledge of a custodial parent or guardian shall not be imputed to a person under the age of eighteen years.

(4) For purposes of this section, "child" means a person under the age of eighteen years.

(5)"

EFFECT:  Restores, with one modification, the current statute of limitations for civil actions based on childhood sexual abuse. Modifies one of the time periods used for determining when the statute of limitations begins to run and requires a civil action to be commenced within 20 years of the victim reaching the age of 18 years, instead of within three years of the act alleged to have caused the injury.  

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