North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2282

Introduced
1/16/23  
Refer
1/16/23  
Report Pass
2/15/23  
Engrossed
2/17/23  
Refer
2/21/23  
Report Pass
4/4/23  
Enrolled
4/7/23  

Caption

Limitations on civil actions alleging sexual assault, sexual abuse, gross sexual imposition, or childhood sexual abuse, and the notice requirement for claims against the state.

Impact

The implementation of SB 2282 has a significant impact on victims of sexual violence by providing them with a fairer opportunity to seek justice. By extending the timeframe for legal claims, the legislation recognizes the often prolonged psychological effects of trauma, which can delay a victim's readiness to come forward. Moreover, the bill modifies the notification requirement for claims against the state, easing the process for victims to pursue legal actions. This aligns North Dakota’s laws with a growing recognition of the need for more accessible legal recourse for survivors of sexual assault and abuse.

Summary

Senate Bill 2282 aims to amend the North Dakota Century Code regarding limitations on civil actions related to sexual assault, abuse, and related claims. Specifically, the bill introduces a new nine-year statute of limitations for initiating claims resulting from sexual offenses. Additionally, for individuals who were minors at the time of the offense, the statute can extend up to twenty-one years from the date of the act, ensuring that childhood sexual abuse cases can be pursued longer than previously allowed. This legislative move aligns with national trends to provide more rights to victims of sexual crimes, acknowledging the complexities and trauma involved in such situations.

Sentiment

The sentiment surrounding SB 2282 appears largely positive among advocacy groups and survivors, as it is viewed as a progressive step toward victim empowerment and justice. Many supporters laud the increased timeframes as necessary for addressing the realities faced by sexual assault victims. However, there are concerns among some lawmakers and legal experts about the potential implications for state resources and the feasibility of processing a larger number of claims that might arise from the extended statutes.

Contention

Despite overall support, the bill faced contention during discussions, particularly regarding the balance between victim advocacy and state liability. Opponents raised concerns that opening a wider timeframe for claims, especially against the state, could lead to overwhelming legal challenges and resource strain. The eventual compromise within the legislation aims to enhance victim support while maintaining a structured legal framework, yet debates about the implications of these changes will likely continue as the bill moves forward.

Companion Bills

No companion bills found.

Previously Filed As

ND SB558

Civil actions: childhood sexual abuse.

ND HB246

AN ACT relating to childhood sexual assault or abuse.

ND SB308

Eliminating limitations period for civil action based on personal action of childhood sexual assault or abuse

ND SB153

AN ACT relating to childhood sexual assault or abuse.

ND HB464

AN ACT relating to childhood sexual assault or abuse.

ND HB223

AN ACT relating to childhood sexual assault or abuse.

ND AB452

Childhood sexual assault: statute of limitations.

ND AB2959

Childhood sexual assault: claims.

ND AB1547

Childhood sexual assault: statute of limitations.

ND AB2693

Childhood sexual assault: statute of limitations.

Similar Bills

CA AB2185

Civil actions: appointment of guardian ad litem.

CA SB1386

Evidence: sexual assault.

CA SB393

Civil actions: housing development projects.

MI HB5431

Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).

MI SB0997

Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).

CA AB800

Civil actions: confidentiality.

CA SB798

Unsolicited lewd images.

CA AB2867

Recovery of artwork and personal property lost due to persecution.