SB 1255 — civil action; assault; reporting; limitation

SB1255 - 541R - IS-Judiciary-Proposed Ver    Fifty-fourth  Legislature                                                REFERENCEJudiciary TITLE:First Regular Session                                                   S.B.

civil  action;PROPOSED SENATE AMENDMENTS TO S.B.

assault;1255 (Reference to printed bill)   Page 1, strike line 17 Line 18, strike "1." Strike lines through 21 Amend title to conform     EDDIE FARNSWORTH   1255FARNSWORTH E.

reporting;(12) 02/18/2019 12:30 PM C:

limitationSP       State of Arizona Senate Fifty-fourth Legislature First Regular Session     SB 1255   Introduced by Senators Boyer:

Contreras;

Representatives Blackman, Espinoza     AN ACT   amending title 12, chapter 5, article 1, Arizona Revised Statutes, by adding section 12‑514;

relating to limitations of actions.

    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 12-514, to read:

START_STATUTE12-514.  Civil action arising from sexual assault committed against a minor;

failure to report;

statute of limitations;

definition A.  Notwithstanding sections 12‑505, 12‑511 and 12‑542, an action for the recovery of damages that is based on either of the following shall be commenced within seven years after the cause of action accrues, and not afterward:

1.  An injury that a minor suffers as a result of another person's negligent or intentional act if that act is a cause of a sexual assault committed against the minor.

2.  The failure to report child abuse or a sexual assault committed against a minor pursuant to section 13‑3620.  B.  For the purposes of this section, a cause of action accrues when the later of the following occurs:

1.  The plaintiff reaches eighteen years of age.

2.  The plaintiff first discloses the sexual assault to a licensed medical or mental health care provider in the context of receiving health care from the provider.

C.  For the purposes of this section, "person" has the same meaning prescribed in section 49-961.

END_STATUTE Sec. 2.  Applicability This act:

1.  Applies to any cause of action that either:

(a)  Is commenced on or after the effective date of this act.

(b)  Was filed before and remains pending on the effective date of this act.

2.  Revives any cause of action that would have been time barred by the laws of this state that were in effect before the effective date of this act. END_STATUTE