Hawaii 2024 Regular Session

Hawaii House Bill HB1968

Introduced
1/22/24  
Refer
1/24/24  
Introduced
1/22/24  
Report Pass
2/6/24  
Refer
1/24/24  
Report Pass
2/6/24  
Report Pass
3/1/24  
Refer
2/6/24  
Engrossed
3/5/24  
Report Pass
3/1/24  
Refer
3/7/24  
Engrossed
3/5/24  
Refer
3/11/24  
Refer
3/7/24  

Caption

Relating To Sexual Abuse Of Minors.

Impact

The proposed changes in HB 1968 are poised to have a profound impact on state laws regarding sexual abuse, especially by eliminating the potential disadvantage posed by stringent time limits that often leave victims unable to seek recourse. The legislation aims to create a supportive legal environment that acknowledges the complexities of trauma and delayed disclosure, which are common among survivors of childhood sexual abuse. Furthermore, the bill also requires legal entities faced with claims to undergo training in trauma-informed responses, thereby improving how allegations are handled within institutions.

Summary

House Bill 1968 aims to address significant issues surrounding childhood sexual abuse by expanding the time period for initiating civil actions related to such abuse. Specifically, the bill proposes to allow victims of childhood sexual abuse, particularly those whose incidents occur after July 1, 2024, to file lawsuits up to thirty-two years after their eighteenth birthday, or within five years after discovering any psychological injuries related to the abuse. This represents a dramatic extension of existing statutes, which limit the time frame for legal action significantly shorter, thus offering a greater window for victims to seek justice.

Sentiment

The sentiment regarding HB 1968 appears to be largely supportive, especially among advocates for victims of sexual abuse who view the extension of the statute of limitations as critical to allowing survivors the chance to pursue justice. However, there are concerns from certain sectors regarding the implications for legal entities and potential liability risks. Proponents argue that the bill empowers survivors and recognizes the challenges they face in coming forward, while opponents caution about the potential financial repercussions for institutions and their operational impacts.

Contention

One notable point of contention surrounding HB 1968 is its retroactive application of the new statute of limitations. While the bill is intended to be prospective only and does not revive actions past existing limitations, it raises questions about how entities that are accused will respond and prepare for potential increased litigation. Additionally, the requirement for trauma-informed training for personnel at legal entities may face resistance from some organizations concerned about the added responsibilities and expectations imposed by the new legislation. Overall, the dialogue continues, balancing the need for victim support with the logistics of implementation within existing legal frameworks.

Companion Bills

HI SB2601

Same As Relating To Sexual Abuse Of Minors.

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