GREEN SHEET REDIGEST
HB 492 2021 Regular Session Hughes
LIABILITY/CIVIL: Provides relative to the prescriptive period for certain actions for
abuse of a minor
DIGEST
Present law provides that prescription on 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 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 deletes the prescriptive period to bring the action.
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:
(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.
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Prepared by Lebra Bias. (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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
reengrossed bill
1. Delete the prescriptive period for 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.
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Prepared by Lebra Bias.