SENATE BILL REPORT

SHB 1494

BYHouse Committee on Judiciary (originally sponsored by Representatives Scott, Padden, Leonard, Moyer, Cole, Haugen, Wang, S. Wilson, Lewis, Patrick, Winsley, P. King, Pruitt, Miller, K. Wilson and Locke)

Establishing the period when a person can bring an action for damages resulting from childhood sexual abuse.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 22, 1988; February 25, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 29, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 25, 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 did 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).

SUMMARY:

A cause of action brought for childhood sexual abuse does not accrue until the victim discovers or reasonably should have discovered the injury and the cause of her injury.  Childhood sexual abuse is any criminal sexual offense committed by the defendant against the victim while the victim was less than 16.

This provision applies to any cause of action for childhood sexual abuse filed after the effective date of the act.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

The discovery rule statute of limitations shall apply to childhood sexual abuse committed when the victim was under the age of 18.

Sexual exploitation of a minor is added to the crimes to which the act applies.

The medical malpractice statute of limitations does not apply to civil actions brought under the childhood sexual abuse statute of limitations for intentional conduct resulting in childhood sexual abuse as defined in the act.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: no one