SENATE BILL NO. 5950
AS AMENDED BY THE HOUSE
C 317 L 89
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; amending RCW 4.16.340 and 9A.04.080; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds that possible confusion may exist in interpreting the statute of limitations provisions for child sexual abuse civil actions in RCW 4.16.190 and 4.16.340 regarding the accrual of a cause of action for a person under age eighteen. The legislature finds that amending RCW 4.16.340 will clarify that the time limit for commencement of an action under RCW 4.16.340 is tolled until the child reaches age eighteen. The 1989 amendment to RCW 4.16.340 is intended as a clarification of existing law and is not intended to be a change in the law.
(2) The legislature further finds that the enactment of chapter 145, Laws of 1988, which deleted specific reference to RCW 9A.44.070, 9A.44.080, and 9A.44.100(1)(b) from RCW 9A.04.080 and also deleted those specific referenced provisions from the laws of Washington, did not intend to change the statute of limitations governing those offenses from seven to three years.
Sec. 2. 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.
Sec. 3. Section 14, chapter 145, Laws of 1988 as amended by section 3, chapter --, Laws of 1989, and RCW 9A.04.080 are each amended to read as follows:
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(ii) Arson if a death results.
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results.
of the following ((
offenses)) statutes shall not be
prosecuted more than three years after the victim's eighteenth birthday or
more than seven years after their commission, whichever is later:
(( Rape of a child in the first or second degree or child molestation in the
first or second degree, or rape in the first degree if the victim was under
fourteen years of age at the commission of the offense, rape in the second
degree if the victim was under fourteen years of age at the commission of the
offense, or incest.))
(i) RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, or 9A.44.100(1)(b); or
(ii) If the victim was under the age of fourteen years of age at the time of the commission of the offense, RCW 9A.44.040, 9A.44.050, or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09 RCW.
(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(g) No other felony may be prosecuted more than three years after its commission.
(h) No gross misdemeanor may be prosecuted more than two years after its commission.
(i) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.