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Legislative Year: 2020 Change

Bill Detail: HB20-1296

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Title Civil Action Statute Of Limitations Sexual Assault
Status Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (06/12/2020)
Bill Subjects
  • Courts & Judicial
House Sponsors D. Michaelson Jenet (D)
M. Soper (R)
Senate Sponsors D. Coram (R)
J. Gonzales (D)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 02/12/2020

Under existing law, the statute of limitations to bring a civil claim
based on sexual assault or a sexual offense against a child is 6 years, but
the statute is tolled when the victim is a person under disability or is in a

special relationship with the perpetrator of the assault. The bill defines
sexual misconduct and removes the limitation on bringing a civil claim
based on sexual misconduct, including claims brought against a person
or entity that is not the perpetrator of the sexual misconduct. The statutory
period to commence a civil action described in the bill applies to a cause
of action that accrues on or after January 1, 2021, or a cause of action
accruing prior to January 1, 2021, so long as the applicable statute of
limitations has not yet run as of January 1, 2021.
The bill removes the provision that a plaintiff who is a victim of
a series of sexual assaults does not need to establish which act in the
series caused the plaintiff's injuries.
Under existing law, a plaintiff who brings a civil action alleging
sexual misconduct 15 years or more after the plaintiff turns 18 is limited
to recovering only certain damages. The bill eliminates this restriction.
Under existing law, a victim who is a person under disability or is
in a special relationship with the perpetrator of the assault may not bring
an action against a defendant who is deceased or incapacitated. The bill
eliminates this restriction.

Committee Reports
with Amendments
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Fiscal Notes Fiscal Notes (07/20/2020) (most recent)  
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