BILL REQ. #:  H-3457.1 

Read first time 01/13/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to the statute of limitations for childhood sexual abuse civil cases; amending RCW 4.16.340; creating a new section; and declaring an emergency.

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

Sec. 1   RCW 4.16.340 and 1991 c 212 s 2 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 the later of the following periods:
     (a) Within ((three)) ten years of the act alleged to have caused the injury or condition;
     (b) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act; or
     (c) Within three years of the time the victim discovered that the act caused the injury for which the claim is brought:
     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.

NEW SECTION.  Sec. 2   Section 1(1) of this act applies to all claims or causes of action arising on or after the effective date of this act and any claim or cause of action arising before the effective date of this act that, as of the effective date of this act, was not barred because of the expiration of the applicable statute of limitations.

NEW SECTION.  Sec. 3   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 takes effect immediately.