HLS 21RS-568 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 492
BY REPRESENTATIVES HUGHES, ADAMS, BACALA, BAGLEY, BEAULLIEU,
BISHOP, BOURRIAQUE, BRASS, BROWN, BRYANT, CARPENTER,
CARRIER, WILFORD CARTER, CORMIER, COUSSAN, COX, DESHOTEL,
DEVILLIER, DUPLESSIS, EDMONDS, EDMONSTON, EMERSON,
FONTENOT, FREEMAN, FREIBERG, GLOVER, GREEN, HARRIS, HILFERTY,
HOLLIS, HORTON, ILLG, IVEY, JAMES, JEFFERSON, JENKINS, MIKE
JOHNSON, TRAVIS JOHNSON, JONES, JORDAN, LACOMBE, LANDRY,
LARVADAIN, LYONS, MARCELLE, MARINO, MCCORMICK, MCFARLAND,
MCKNIGHT, MCMAHEN, DUSTIN MILLER, NELSON, NEWELL, CHARLES
OWEN, ROBERT OWEN, PIERRE, PRESSLY, RISER, SCHEXNAYDER,
SCHLEGEL, STAGNI, THOMPSON, TURNER, WHEAT, WHITE, WILLARD,
ZERINGUE, AND KERNER
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 civil
3 actions against a person for certain acts committed against a minor; to extend the
4 prescriptive period for actions against a person for sexual abuse of a minor or for
5 physical abuse of a minor; to provide that an action against a person convicted of a
6 crime against a child does not prescribe; to provide for an effective date; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 9:2800.9(A) is hereby amended and reenacted to read as follows:
10 ยง2800.9. Action against a person for abuse of a minor
11 A.(1) An action against a person for sexual abuse of a minor, or for physical
12 abuse of a minor resulting in permanent impairment or permanent physical injury or
13 scarring, is subject to a liberative prescriptive period of ten thirty-five years. This
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1 prescription commences to run from the day the minor attains majority, and this
2 prescription shall be suspended for all purposes until the minor reaches the age of
3 majority. Abuse has the same meaning as provided in Louisiana Children's Code
4 Article 603. This prescriptive period shall be subject to any exception of peremption
5 provided by law.
6 (2) An action against a person convicted of a crime against the child does not
7 prescribe and may be filed at any time following conviction. "Crime against the
8 child" has the same meaning as provided in Children's Code Article 603.
9 * * *
10 Section 2. This Act shall become effective upon signature by the governor or, if not
11signed by the governor, upon expiration of the time for bills to become law without signature
12by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13vetoed by the governor and subsequently approved by the legislature, this Act shall become
14effective 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 Reengrossed 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 and provides that an action against a person
convicted of a crime against the child does not prescribe.
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 an action against a person convicted of a crime against a child,
as defined by present law does not prescribe and may be filed at any time following
conviction.
Present law defines "crime against the child" as the commission or attempted commission
of any of the following crimes against an unemancipated minor:
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HB NO. 492
(1)Homicide.
(2)Battery.
(3)Assault.
(4)Rape.
(5)Sexual battery.
(6)Kidnapping.
(7)Criminal neglect.
(8)Criminal abandonment.
(9)Carnal knowledge of a juvenile.
(10)Indecent behavior with juveniles.
(11)Pornography involving juveniles.
(12)Molestation of a juvenile.
(13)Crime against nature.
(14)Cruelty to juveniles.
(15)Contributing to the delinquency or dependency of children.
(16)Sale of minor children.
(17)Human trafficking.
(18)Trafficking of children for sexual purposes.
(19)Female genital mutilation.
Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 9:2800.9(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Provide that actions against a person convicted of a crime against a child shall
not prescribe.
2. Delete provisions for the revival of prescribed claims.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.