HLS 22RS-678 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 402
BY REPRESENTATIVE HUGHES
PRESCRIPTION: 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)(1), relative to prescription; to provide relative to the
3 prescriptive period for certain civil actions against a person for certain acts
4 committed against a minor; to provide for definitions; to provide for implementation;
5 to provide for an effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2800.9(A)(1) is hereby amended and reenacted to read as follows:
8 ยง2800.9. Action against a person for abuse of a minor
9 A.(1) 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 does not prescribe. "Abuse" has the same meaning as provided in Children's
12 Code Article 603.
13 * * *
14 Section 2. Any person whose cause of action related to sexual abuse of a minor was
15barred by liberative prescription shall be permitted to file an action under R.S. 9:2800.9 on
16or before June 14, 2024. It is the express intent of the legislature to revive until June 14,
172024, any cause of action related to sexual abuse of a minor that previously prescribed under
18any Louisiana prescriptive period.
19 Section 3. This Act shall become effective upon signature by the governor or, if not
20signed by the governor, upon expiration of the time for bills to become law without signature
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-678 ENGROSSED
HB NO. 402
1by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2vetoed by the governor and subsequently approved by the legislature, this Act shall become
3effective 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 402 Engrossed 2022 Regular Session Hughes
Abstract: Provides for the revival of claims for abuse of a minor and defines "abuse".
Present law (R.S. 9:2800.9) 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, does not prescribe.
Present law (Ch.C. Art. 603) defines "abuse" as any one of the following acts which
seriously endanger the physical, mental, or emotional health and safety of the child:
(1)The infliction, attempted infliction, or, as a result of inadequate supervision, the
allowance of the infliction or attempted infliction of physical or mental injury upon
the child by a parent or any other person.
(2)The exploitation or overwork of a child by a parent or any other person, including
but not limited to commercial sexual exploitation of the child.
(3)The involvement of the child in any sexual act with a parent or any other person, or
the aiding or toleration by the parent, caretaker, or any other person of the child's
involvement in any sexual act with any other person, pornographic displays, any
sexual activity constituting a crime under the laws of this state, a coerced abortion
conducted upon a child, or female genital mutilation of the child or of a sister of the
child.
Proposed law maintains present law and provides that "abuse", as the term is used in the
present law provision regarding prescription of claims, has the same meaning as provided
in present law definition of "abuse".
Present law (Act 322 of the 2021 R.S.) provides that a party whose action was barred by
liberative prescription prior to the effective date present law may file such an action against
a party for a period of three years following the effective date of present law (effective June
14, 2021).
Proposed law provides that any person whose cause of action related to sexual abuse of a
minor was barred by liberative prescription shall be permitted to file an action under
proposed law on or before June 14, 2024. Further provides that the revival of claims
includes any cause of action related to sexual abuse of a minor that previously prescribed
under any La. prescriptive period.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-678 ENGROSSED
HB NO. 402
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 9:2800.9(A)(1))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Provide for the revival of claims until June 14, 2024, rather than for 3 years
following the effective date of the Act.
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.