SENATE BILL REPORT

SB 6305

BYSenators 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)

                  January 28, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 19, 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 statute of limitations for medical malpractice is amended such that those persons or entities covered by the statute are not immune from the childhood sexual abuse statute of limitations.

EFFECT OF PROPOSED SUBSTITUTE:

The time for bringing an action is changed from three years from the date of the last act to three years from the date of discovery of the last act.  Language referring to blocked memory is omitted.  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