S-1774               _______________________________________________

                                                   SENATE BILL NO. 5950

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Talmadge, Bailey and Bauer

Read first time 2/17/89 and referred to Committee on  Law & Justice.

AN ACT Relating to childhood sexual abuse; and amending RCW 4.16.340.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 144, Laws of 1988 and RCW 4.16.340 are each amended to read as follows:

          (1) 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 childhood sexual abuse shall be commenced within three years of the act alleged to have caused the injury or condition, or three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act, whichever period expires later:  PROVIDED, That the time limit for commencement of an action under this section is tolled for a child until the child reaches the age of eighteen years.

          (2) The victim need not establish which act in a series of continuing sexual 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 which is part of a common scheme or plan of sexual abuse or exploitation.

          (3) The knowledge of a custodial parent or guardian shall not be imputed to a person under the age of eighteen years.

          (4) For purposes of this section, "child" means a person under the age of eighteen years.

          (5) As used in this section, "childhood sexual abuse" means any act committed by the defendant against a complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 9A.44 RCW or RCW 9.68A.040 or prior laws of similar effect at the time the act was committed.