HLS 21RS-568 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 492
BY REPRESENTATIVE HUGHES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LIABILITY/CIVIL: Provides relative to the prescriptive period for certain actions for abuse
of a minor
1 AN ACT
2To amend and reenact R.S. 9:2800.9(A), relative to the prescriptive period for certain
3 actions against a person for abuse of a minor; to extend the prescriptive period; to
4 provide for implementation; to provide for an effective date; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2800.9(A) is hereby amended and reenacted to read as follows:
8 ยง2800.9. Action against a person for abuse of a minor
9 A. An action against a person for sexual abuse of a minor, or for physical
10 abuse of a minor resulting in permanent impairment or permanent physical injury or
11 scarring, is subject to a liberative prescriptive period of ten thirty-five years. This
12 prescription commences to run from the day the minor attains majority, and this
13 prescription shall be suspended for all purposes until the minor reaches the age of
14 majority. Abuse has the same meaning as provided in Louisiana Children's Code
15 Article 603. This prescriptive period shall be subject to any exception of peremption
16 provided by law.
17 * * *
18 Section 2.(A) Any party whose action under R.S. 9:2800.9 was barred by liberative
19prescription prior to the effective date of this Act but is not barred by liberative prescription
20after the effective date of this Act shall be permitted to file an action under R.S. 9:2800.9
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 492
1subject to the prescriptive period enacted by this Act. It is the intention of the Legislature
2to revive any claim under R.S. 9:2800.9 that had prescribed prior to the effective date of this
3Act but is not barred by liberative prescription after the effective date of this Act.
4 (B) For a period of two years following the effective date of this Act, any party
5whose action under R.S. 9:2800.9 was barred by liberative prescription prior to the effective
6date of this Act and remains barred by liberative prescription after the effective date of this
7Act shall be permitted to file an action under R.S. 9:2800.9. It is the intention of the
8Legislature to revive for a period of two years any claim under R.S. 9:2800.9 that had
9prescribed prior to the effective date of this Act and remains barred by liberative prescription
10after the effective date of this Act.
11 Section 3. This Act shall become effective upon signature by the governor or, if not
12signed by the governor, upon expiration of the time for bills to become law without signature
13by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
14vetoed by the governor and subsequently approved by the legislature, this Act shall become
15effective on the day following such approval.
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)]
HB 492 Original 2021 Regular Session Hughes
Abstract: Extends the prescriptive period for certain actions against a person for abuse of
a minor from 10 years to 35 years.
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 prescription commences to run from the day the minor
attains majority and shall be suspended for all purposes until the minor reaches the age of
majority, subject to any exception of peremption provided by law.
Proposed law retains present law, but extends the prescriptive period from 10 years to 35
years.
Proposed law provides that any party whose action under present law is barred by liberative
prescription prior to the effective date of proposed law, but is not barred by liberative
prescription pursuant to proposed law shall be permitted to file an action subject to the
prescriptive period in proposed law.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 492
Proposed law provides that for a period of two years following the effective date of proposed
law, any party whose action under present law and proposed law is barred by liberative
prescription prior to the effective date of proposed law shall be permitted to file an action.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 9:2800.9(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.