Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 277 (2015GS)

Sponsor

Rep. Ivory, K.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a victim of child sexual abuse may file a civil action at any time.

Every vote on this bill

Bill text

STATUTE OF LIMITATIONS FOR CIVIL ACTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
Aaron Osmond
Cosponsors:
Jacob L. Anderegg
Patrice M. Arent
Joel K. Briscoe
Rebecca Chavez-Houck
Susan Duckworth
Keith Grover
Sandra Hollins
Michael S. Kennedy
David E. Lifferth
Carol Spackman Moss
Marie H. Poulson
Angela Romero
Keven J. Stratton
Mark A. Wheatley
LONG TITLE
General Description:
This bill eliminates the statute of limitations for civil actions for child sexual abuse.
Highlighted Provisions:
This bill:
▸ provides that a victim of child sexual abuse may file a civil action at any time.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
78B-2-308
, as renumbered and amended by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-2-308
 is amended to read:
78B-2-308.
Civil actions for sexual abuse of a child.
(1) As used in this section:
(a) "Child" means a person under 18 years of age.
(b) "Discovery" means when a person knows or reasonably should know that the injury
or illness was caused by the intentional or negligent sexual abuse.
(c) "Injury or illness" means either a physical injury or illness or a psychological injury
or illness. A psychological injury or illness need not be accompanied by physical injury or
illness.
(d) "Molestation" means touching the anus, buttocks, or genitalia of any child, the
breast of a female child younger than 14 years of age, or otherwise taking indecent liberties
with a child, or causing a child to take indecent liberties with the perpetrator or another, with
the intent to arouse or gratify the sexual desire of any person.
(e) "Negligently" means a failure to act to prevent the child sexual abuse from further
occurring or to report the child sexual abuse to law enforcement when the adult who could act
knows or reasonably should know of the child sexual abuse and is the victim's parent,
stepparent, adoptive parent, foster parent, legal guardian, ancestor, descendant, brother, sister,
uncle, aunt, first cousin, nephew, niece, grandparent, stepgrandparent, or any person cohabiting
in the child's home.
(f) "Person" means an individual who was intentionally or negligently sexually abused. 
It does not include individuals whose claims are derived through another individual who was
sexually abused.
(g) "Perpetrator" means an individual who has committed an act of sexual abuse.
[
(g)
] 
(h)
 "Sexual abuse" means acts or attempted acts of sexual intercourse, sodomy, or
molestation 
by an adult
 directed towards a child.
(2) 
(a)
 A person [
shall
] 
may
 file a civil action 
against a perpetrator
 for intentional or
negligent sexual abuse suffered as a child[
:
] 
at any time.
(b) A person may file a civil action against a non-perpetrator for intentional or
negligent sexual abuse suffered as a child:
[
(a)
] 
(i)
 within four years after the person attains the age of 18 years; or
[
(b)
] 
(ii)
 if a person discovers sexual abuse only after attaining the age of 18 years, that
person may bring a civil action for such sexual abuse within four years after discovery of the
sexual abuse, whichever period expires later.
(3) The victim need not establish which act in a series of continuing sexual abuse
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.
(4) The knowledge of a custodial parent or guardian may not be imputed to a person
under the age of 18 years.
(5) A civil action may be brought only against a living person who intentionally
perpetrated the sexual abuse or negligently permitted the sexual abuse to occur.
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.