SENATE BILL REPORT

SB 5950

BYSenators Talmadge, Bailey and Bauer

Extending the statute of limitations in child sexual abuse cases.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 27, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge, Thorsness.

Senate Staff:Joyce Ansley (786-7418)

                  April 14, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 7, 1989

BACKGROUND:

In 1988 the Legislature created a statute of limitations for childhood sexual abuse cases.  It provides that child sexual abuse actions must be commenced within three years of the alleged act or three years of the time the victim discovered or reasonably should have discovered the injury or condition caused by the act.

Concern exists that some child victims of abuse may for a variety of reasons be unable to communicate the occurrence of abuse to those who could bring an action on their behalf.  Application of the present statute of limitations for those children would preclude an action if they could not communicate the occurrence within the required time.

It is suggested that the statute of limitations should not begin to operate until the child reaches the age of eighteen.

SUMMARY:

The time limit for commencement of an action is tolled for a child until the child reaches the age of eighteen years.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Dr. Fillmore Buckner, attorney (pro)

HOUSE AMENDMENTS:

An intent section is added for the extension of the statute of limitations in civil child sexual abuse actions in the original bill.

The criminal statute of limitations is amended to extend the statute of limitations for sexual abuse cases, restore to that statute the crimes of statutory rape in the first and second degree and indecent liberties if the child is under 14, and, extend the statute's application to rape in the first and second degree and incest if the child is under 14.

The statute of limitations is seven years after the act or three years after the victim turns 18, whichever is later, for the following crimes:  rape of a child in the first and second degree; child molestation in the first and second degree; statutory rape in the first and second degree; and, when the victim is under 14, rape in the first and second degree, incest and indecent liberties.  An intent section for the criminal statute of limitations increase is also added.