Louisiana 2010 Regular Session

Louisiana House Bill HB1369 Latest Draft

Bill / Introduced Version

                            HLS 10RS-2849	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1369
BY REPRESENTATIVE PUGH
CIVIL/ACTIONS: Provides with respect to prescriptive period within which to file certain
actions for abuse of a minor
AN ACT1
To amend and reenact R.S. 9:2800.9(A), relative to liberative prescription; to provide for a2
thirty-year prescriptive period for actions for sexual or physical abuse of a minor;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 9:2800.9(A) is hereby amended and reenacted to read as follows: 6
ยง2800.9.  Action against a person for abuse of a minor7
A. An action against a person for sexual abuse of a minor, or for physical8
abuse of a minor resulting in permanent impairment or permanent physical injury or9
scarring, is subject to a liberative prescriptive period of ten thirty years. This10
prescription commences to run from the day the minor attains majority, and this11
prescription shall be suspended for all purposes until the minor reaches the age of12
majority.  Abuse has the same meaning as provided in Louisiana Children's Code13
Article 603. This prescriptive period shall be subject to any exception of peremption14
provided by law.15
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HB NO. 1369
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Pugh	HB No. 1369
Abstract: Changes the liberative prescriptive period for sexual or physical abuse of a
minor.
 
Present law provides that an action against a person for sexual abuse of a minor, or for
physical abuse of a minor resulting in permanent impairment or permanent physical injury
or scarring, is subject to a liberative prescriptive period of 10 years.
Present law further provides that the prescriptive period commences to run from the day the
minor attains majority, and that it shall be suspended for all purposes until the minor reaches
the age of majority.
Proposed law changes the prescriptive period from 10 years to 30 years, but otherwise
retains present law. 
(Amends R.S. 9:2800.9(A))