Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 117 (2025GS)

Sponsor

Rep. Ivory, Ken

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• addresses civil statutes of limitation for certain sexual crimes; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

6
78B-2-308
78B-2-119
78B-2-402
80-8-101
Sexual Abuse Statutes of Limitation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
LONG TITLE
General Description:
This bill addresses civil statutes of limitation for certain sexual crimes.
Highlighted Provisions:
This bill:
addresses civil statutes of limitation for certain sexual crimes; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
80-8-101
, as enacted by Laws of Utah 2024, Chapter 371
ENACTS:
78B-2-402
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78B-2-401
, (Renumbered from 78B-2-119, as enacted by Laws of Utah 2022, Chapter 
474)
REPEALS:
78B-2-308
, as last amended by Laws of Utah 2022, Chapter 430
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-2-401
, which is renumbered from Section 78B-2-119 is renumbered 
and amended to read:
4. Civil Actions Arising Out of Criminal Conduct
78B-2-119
78B-2-401
. Statute of limitations after criminal proceeding.
(1)
As used in this section:
(a)
"Cause of action" means 
any
a
 civil claim that a victim 
could
may
 bring against a 
defendant for criminal conduct committed against the victim.
(b)
"Criminal conduct" means 
any
an
 act that is charged as a felony under:
(i)
Title 76, Chapter 5, Offenses Against the Individual
, except for conduct described 
in Subsection 
78B-2-402(1)(f)
; or
(ii)
Title 76, Chapter 4, Inchoate Offenses
, that is directly related to prohibited 
conduct under 
Title 76, Chapter 5, Offenses Against the Individual
, except for 
conduct described in Subsection 
78B-2-402(1)(f)
.
(c)
"Victim" means an individual directly harmed by criminal conduct or the individual's 
representative.
(2)
(a)
Notwithstanding any statute of limitations, a victim may bring a cause of action
 arising out of criminal conduct
 if:
(i)
the defendant to the cause of action was charged by a criminal complaint, 
indictment, or information for 
that 
criminal conduct;
(ii)
the cause of action is brought within one year 
from
after
 the day on which a final 
disposition for the criminal proceeding is issued;
(iii)
the cause of action is brought to address any harm resulting from the criminal 
conduct that was at issue in the criminal proceeding described in Subsection 
(2)(a)(ii)
; and
(iv)
the applicable statute of limitations that would apply to the conduct at issue in the 
cause of action did not expire before May 4, 2022.
(b)
A defendant does not need to be convicted of the criminal conduct for an individual 
to bring a cause of action under Subsection 
(2)(a)
.
(3)
Subsection 
(2)(a)
 does not:
(a)
shorten an applicable statute of limitations or an applicable tolling provision;
(b)
toll or extend an applicable statute of limitations for an action that is brought against 
an employer or former employer of a defendant described in Subsection 
(2)(a)(i)
; or
(c)
require an insurer to defend or indemnify a defendant for a cause of action that would 
otherwise be barred if not for Subsection 
(2)(a)
.
Section 2, Section 
78B-2-402
 is enacted to read:
78B-2-402. Statute of limitations for civil actions arising out of sexual abuse.
(1)
As used in this section:
(a)
"Cause of action" means a civil claim that a victim may bring against an individual 
for sexual abuse committed against the victim.
(b)
"Child" means an individual who is under 18 years old.
(c)
"Discovers" means when an individual knows or should know that sexual abuse 
occurred.
(d)
(i)
"Negligent sexual abuse" means when an individual fails to prevent the sexual 
abuse of a child from occurring, or to report the sexual abuse of a child, when the 
individual discovers the sexual abuse.
(ii)
"Negligent sexual abuse" does not include the non reporting of sexual abuse of a 
child by a member of the clergy or an attorney who is acting in accordance with 
Subsection 
80-2-602(3)
.
(e)
"Perpetrator" means an individual who commits sexual abuse.
(f)
"Sexual abuse" means:
(i)
rape under Section 
76-5-402
;
(ii)
rape of a child under Section 
76-5-402.1
;
(iii)
object rape under Section 
76-5-402.2
;
(iv)
object rape of a child under Section 
76-5-402.3
;
(v)
forcible sodomy under Section 
76-5-403
;
(vi)
sodomy on a child under Section 
76-5-403.1
;
(vii)
forcible sexual abuse under Section 
76-5-404
;
(viii)
sexual abuse of a child under Section 
76-5-404.1
;
(ix)
aggravated sexual abuse of a child under Section 
76-5-404.3
; or
(x)
aggravated sexual assault under Section 
76-5-405
.
(g)
(i)
"Victim" means an individual against whom sexual abuse is committed or 
allegedly committed.
(ii)
"Victim" does not include an individual whose claims are derived through another 
individual against whom sexual abuse is committed or allegedly committed.
(2)
(a)
Notwithstanding other provisions of this code, a victim has a right of action at 
any time against:
(i)
a perpetrator of sexual abuse committed or allegedly committed against the 
victim; or
(ii)
an individual who would be criminally responsible under Section 
76-2-202
 for 
sexual abuse committed or allegedly committed against the victim.
(b)
A victim may only bring an action described in Subsection 
(2)(a)
 against an 
individual for negligent sexual abuse within the later of four years after the day on 
which:
(i)
the victim turns 18 years old; or
(ii)
the victim discovers the sexual abuse.
(3)
A victim may bring an action described in Subsection 
(2)
 regardless of whether criminal 
charges are filed or the perpetrator is convicted of sexual abuse.
(4)
For purposes of establishing the discovery of sexual abuse under Subsection (2)(b)(ii):
(a)
if there is more than one alleged act of sexual abuse in an action, the date of 
discovery is computed from the day on which the victim discovers the last alleged act 
of sexual abuse by the perpetrator; and
(b)
the discovery by a parent or guardian of sexual abuse may not be imputed to a victim 
who is a child at the time of the sexual abuse.
(5)
(a)
This section extends the statute of limitations for an action described in 
Subsection (2) that is not time barred on or before May 7, 2025.
(b)
This section does not revive an action that is time barred on or before May 1, 2025.
Section 3, Section 
80-8-101
 is amended to read:
80-8-101. Definitions.
As used in this chapter:
(1)
"Child" means an individual under 18 years old.
(2)
"Registered sex offender check" means a search of:
(a)
the state's 
Sex and Kidnap Offender Registry
Sex, Kidnap, and Child Abuse 
Offender Registry
 described in Title 77, Chapter 41, 
Sex and Kidnap Offender 
Registry
Sex, Kidnap, and Child Abuse Offender Registry
; and
(b)
the National Sex Offender Public Website administered by the United States 
Department of Justice.
(3)
"Sexual abuse" means 
the same as that term is defined in Section 
78B-2-308
an act or 
attempted act of sexual intercourse, sodomy, or molestation by an adult directed towards 
a child
.
(4)
(a)
"Youth services organization" means a sports league, athletic association, church 
or religious organization, scouting organization, or similar formally organized 
association, league, or organization, that provides recreational, educational, cultural, 
or social programs or activities to 25 or more children.
(b)
"Youth services organization" does not include any person that is required to conduct 
a background check on employees or volunteers under any other provision of state or 
federal law.
(5)
"Youth worker" means an individual:
(a)
who is 18 years old or older;
(b)
who is employed by or volunteers with a youth services organization; and
(c)
whose responsibilities as an employee or volunteer with the youth services 
organization give the individual regular and repeated care, supervision, guidance, or 
control of a child or children.
Section 4, 
Repealer.
Legislative findings -- Civil actions for sexual abuse of a child -- 
Window for revival of time barred claims.
Section 5. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-6-25 4:07 PM