HOUSE BILL REPORT

ESSB 6305

As Amended by the House

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, Bailey, McCaslin, Lee, Garrett, Rasmussen, Nelson and Smith)

Altering the statute of limitations for child sexual abuse.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (14)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Belcher, Hargrove, P. King, Lewis, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE MARCH 3, 1988

BACKGROUND:

A person wishing to initiate a civil action to recover damages for injuries caused by negligence or intentional conduct must file the action within a specified period of time after the injury occurs.  The general statute of limitations is three years.  There are a number of other time periods that apply to specific types of cases.  The time period for filing a cause of action may be delayed under certain circumstances.  If the person injured does not know of the injury and could not reasonably have discovered the injury, the time period for filing the cause of action does not begin to run until the person discovers the injury.  In addition, a person who is under a disability is not subject to the time period.  A child who is injured as a result of negligence or intentional conduct is not generally subject to the statute of limitations until he or she turns 18.

In a recent Washington Supreme Court decision, the court considered a case involving a woman who claimed to have been sexually abused by her father as a child.  She did not remember the incidents until she was an adult and after the relevant statute of limitations had expired. She argued to the court that the delayed discovery rule should apply to her circumstances, since she could not reasonably discover her injury and its cause until she had undergone therapy.  The Supreme Court did not agree and held that the delayed discovery rule does not apply in such circumstances.  Tyson v. Tyson, 107 Wn.2d 72 (1986).

A negligence action for professional health care must generally be commenced within three years of the date of injury or one year of the date the injury was discovered or reasonably should have been discovered, whichever is later.

SUMMARY:

A cause of action for intentional childhood sexual abuse must be commenced within three years after the act occurred or three years after the victim discovered or reasonably should have discovered the injury and its cause, whichever is later.  The knowledge of a custodial parent is not imputed to a person under age 18.  Childhood sexual abuse is any criminal sexual offense involving a person under age 18 or involving a minor in sexually explicit conduct for purposes of taking photographs or as part of a live performance.

The statute of limitations for bringing actions for negligent health care does not apply to actions for intentional childhood sexual abuse brought against a health care professional.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Mike Redman, WAPA; Lonnie Johns-Brown, Wa. State NOW and Washington Coalition of Sexual Assault Programs.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill will help victims of child abuse obtain some recovery for their injuries.

House Committee - Testimony Against:      None Presented.