HB 37 — Child Sex Abuse/Extend Statute of Limitations.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 21 HOUSE BILL 37 Committee Substitute Favorable 6/12/19 Short Title:

Representatives Riddell, White, Torbett, and B.

Turner (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary Subcommittee on Criminal Matters, if favorable, Rules, Calendar, and Operations of the House February 7, 2019 A BILL TO BE ENTITLED AN ACT EXTENDING THE STATUTE OF LIMITATIONS FOR A CIVIL ACTION FOR CHILD SEXUAL ABUSE SO THAT A PLAINTIFF HAS UNTIL AGE THIRTY-EIGHTFORTY-FIVE TOCOMMENCEANTO ACTIONANDTOREQUIRETRAININGCOMMENCE ONCHILDAN SEXABUSEACTION. AND SEX TRAFFICKING FOR SCHOOL PERSONNEL.

"(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, a plaintiff may file a civil action against a defendant for sexual abuse suffered while the plaintiff was under 18 years of age until the plaintiff attains 3845 years of age." SECTION 2.(a)2. G.S.

G.S.

…." SECTION 2.(b)3. Effective from January 1, 2020, until December 31, 2021, this section revives any civil action for child sexual abuse otherwise time-barred under G.S.

1-52 as it existed immediately before the enactment of this act.

SECTION 3.

*H37-v-2* General Assembly Of North Carolina Session 2019 (a) An Except as provided by subsection (b) of this section, an action for relief not otherwise limited by this subchapter may not be commenced more than 10 years after the cause of action has accrued.

*H37-v-1* General Assembly Of North Carolina Session 2019 (b) A civil action for child sexual abuse is not subject to the limitation in this section." SECTION 4.(a)4. G.S.

115C-47Effective isfrom amendedJanuary by1, adding2020, auntil newDecember subdivision31, to2020, read:this act revives anycivil action for child sexual abuse otherwise time-barred under G.S.

"(64)1-52 Toas adoptit aexisted childimmediately sexualbefore abusethe andenactment sexof traffickingthis trainingact. program.

– Each local board of education shall adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with studentsingradeskindergartenthrough12,asrequiredbyG.S.

115C-375.20." SECTION 4.(b) G.S.

115C-218.75 is amended by adding a new subsection to read:

"(g) Child Sexual Abuse and Sex Trafficking Training Program.

– A charter school shall adopt and implement a child sexual abuse and sex trafficking training program in accordance with G.S.

115C-375.20." SECTION 4.(c) G.S.

115C-238.66 is amended by adding a new subdivision to read:

"(14) Child sexual abuse and sex trafficking training program.

– The board of directors shall adopt and implement a child sexual abuse and sex trafficking training program in accordance with G.S.

115C-375.20." SECTION 4.(d) G.S.

116-239.8(b) is amended by adding a new subdivision to read:

"(17) Child sexual abuse and sex trafficking training program.

– The chancellor shall adopt and ensure implementation of a child sexual abuse and sex trafficking training program in accordance with G.S.

115C-375.20." SECTION 4.(e) The title of Article 25A of Chapter 115C of the General Statutes reads as rewritten:

"Article 25A.

"Special Medical Needs of Students.Students and Identification of Sexual Abuse of Students." SECTION 4.(f) Article 25A of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C-375.20.

Child sexual abuse and sex trafficking training program required.

(a) Each local board of education shall adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with students in grades kindergarten through 12 that provides education and awareness training related to child sexual abuse and sex trafficking, including, but not limited to, the warning signs of sexual abuse and sex trafficking, how to intervene when sexual abuse or sex trafficking is suspected or disclosed, legal responsibilities for reporting sexual abuse or sex trafficking, and available resources for assistance.

This training maybe provided bylocal nongovernmental organizations with expertise in these areas, local law enforcement officers, or other officers of the court.

All school personnel who work with students in grades kindergarten through 12 shall receive two hours of training consistent with this section biennially.

(b) No entity required to adopt a child sexual abuse and sex trafficking training program by G.S.

115C-47(64), 115C-218.75(g), 115C-238.66(14), or 116-239.8(b)(17), or its members, employees, designees, agents, or volunteers, shall be liable in civil damages to any party for any loss or damage caused by any act or omission relating to the provision of, participation in, or implementation of any component of a child sexual abuse and sex trafficking training program requiredbythissection,unlessthatactoromissionamountstogrossnegligence,wantonconduct, or intentional wrongdoing.

Nothing in this section shall be construed to impose any specific duty of care or standard of care on an entity required to adopt a child sexual abuse and sex trafficking training program by G.S.

115C-47(64), 115C-218.75(g), 115C-238.66(14), or 116-239.8(b)(17)." SECTION 4.(g) This section is effective when it becomes law.

Each entity required by Section 4(a), (b), (c), and (d) to adopt and implement a child sexual abuse and sex trafficking Page 2 House Bill 37-Second Edition General Assembly Of North Carolina Session 2019 training program shall do so by January 1, 2020, and training shall be required for school personnel beginning with the 2020-2021 school year.