S-3904.1 _______________________________________________
SENATE BILL 6228
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State of Washington 54th Legislature 1996 Regular Session
By Senators Kohl, Long, Fairley, Prentice, Thibaudeau, Fraser, Wojahn, Snyder, Sheldon, Franklin, Owen, Heavey, Rasmussen, Winsley, Bauer and McAuliffe
Read first time 01/09/96. Referred to Committee on Law & Justice.
AN ACT Relating to protecting the developmentally disabled; adding a new section to chapter 4.16 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that members of the developmentally disabled community are in need of special protection against sex abuse. The legislature finds that the developmentally disabled victim of sex abuse may: Repress the memory of the abuse or be unable to connect the abuse to any injury until after the statute of limitations has run; be unable to understand or make the connection between sex abuse and emotional harm or damage until many years after the abuse occurs; or be aware of some injuries related to the sex abuse, but not discover more serious injuries until many years later.
The legislature therefore intends to extend the period of time under which a developmentally disabled person may seek recovery of damages for injuries suffered as a result of sex abuse.
NEW SECTION. Sec. 2. A new section is added to chapter 4.16 RCW to read as follows:
(1)(a) 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 sex abuse of a developmentally disabled person shall be commenced within the later of the following periods:
(i) Within three years of the act alleged to have caused the injury or condition;
(ii) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act; or
(iii) Within three years of the time the victim discovered that the act caused the injury for which the claim is brought.
(b) The time limit for commencement of an action under this section is tolled during the period of time the person is eligible for disability services under chapter 71A.16 RCW.
(2) The victim need not establish which act in a series of continuing sex 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 that is part of a common scheme or plan of sex abuse or exploitation.
(3) The knowledge of a custodial parent or guardian shall not be imputed to a developmentally disabled person.
(4) For purposes of this section, "developmentally disabled" means a person with a developmental disability as defined in RCW 71A.10.020.
(5) As used in this section, "sex abuse" means any act committed by the defendant against a complainant who was developmentally disabled at the time of the act and which act would have been a violation of chapter 9A.44 RCW at the time the act was committed.
NEW SECTION. Sec. 3. This act shall apply to all causes of action commenced on or after the effective date of this act, regardless of when the cause of action may have arisen. To this extent this act shall apply retrospectively.
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