SENATE BILL REPORT

 

 

                                   ESSB 6305

 

 

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.

 

 

Senate Committee on Law & Justice

 

      Senate Hearing Date(s):January 19, 1988

 

Majority Report:  That Substitute Senate Bill No. 6305 be substituted therefor, and the substitute bill do pass.

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

 

      Senate Staff:Jeanne Cushman Scott (786-7461)

                  March 4, 1988

 

 

House Committe on Judiciary

 

 

                      AS PASSED SENATE, FEBRUARY 1, 1988

 

BACKGROUND:

 

Many people who are sexually abused as children may not discover the abuse until later in adult life.  The current statute of limitations requires the childhood sexual abuse victim to bring an action within three years of the occurrence of the abuse or within three years after the victim reaches the age of majority.  Therefore, people who have not discovered that they were abused until after the three-year rule expires are barred from bringing an action.

 

SUMMARY:

 

The statute of limitations is changed to allow victims of childhood sexual abuse an additional three years from the date of discovery of the abuse to bring an action against the abuser for intentional childhood sexual abuse.  Childhood sexual abuse is defined.

 

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.

 

The discovery rule applies to any person filing a case after the effective date of the statute.

 

Appropriation:    none

 

Revenue:    none

 

Fiscal Note:      available

 

Senate Committee - Testified: Senator Bailey; Nancy Tyson; Patti Barton, Legal Rights for Survivors of Childhood Sexual Abuse; Maryalyce Stamatiou; Dr. Shirley Feldman-Summers, psychologist; Barbara Jo Levy, attorney; Seth Dawson, prosecutor

 

 

HOUSE AMENDMENT:

 

The definition of childhood sexual abuse is technically rewritten.  Crimes which constitute childhood sexual abuse are referred by the statute number instead of being listed with descriptions.

 

Childhood sexual abuse actions may only be based on intentional acts.  Childhood sexual abuse by omission is deleted.