Relating to elimination of limitations periods for suits for personal injury arising from certain offenses against a child or disabled individual.
Impact
The proposed changes, if enacted, would amend existing provisions in the Civil Practice and Remedies Code. It would allow individuals to bring suits without the conventional two-year limitation period for personal injury claims, specifically in cases tied to heinous activities against children and those with disabilities. By retroactively applying to past offenses, the bill seeks to facilitate accountability and healing for victims who may have been previously barred from seeking justice due to the constraints of time-based limitations.
Summary
House Bill 2022 aims to eliminate the statute of limitations for personal injury lawsuits resulting from certain offenses against children and disabled individuals. Specifically, the bill removes time constraints on filing lawsuits related to serious crimes, such as sexual assault and trafficking, thereby allowing victims and their families to seek justice at any time. This legislative change is viewed as a significant step toward protecting vulnerable populations and ensuring that offenses of this nature are addressed, regardless of when they occurred.
Contention
While many advocates support HB2022 for its potential to help survivors of abuse claim justice, there may be concerns over how the removal of limitations could lead to legal challenges where the passage of time complicates evidence and testimonies. Some may argue that this could strain the civil justice system as courts handle an influx of longstanding cases. However, advocates counter that the priority should be on the rights of victims to pursue justice regardless of when the offense occurred, thus challenging the balance between protecting the rights of the accused and supporting survivors.
Texas Constitutional Statutes Affected
Civil Practice And Remedies Code
Chapter 16. Limitations
Section: New Section
Section: 0045
Penal Code
Chapter 22. Assaultive Offenses
Section: New Section
Chapter 21. Sexual Offenses
Section: New Section
Section: 11
Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
Identical
Relating to elimination of limitations periods for suits for personal injury arising from certain offenses against a child or disabled individual.
Relating to certain suits for personal injury that arise as a result of conduct that violates certain Penal Code provisions concerning sexual offenses against a child but that are filed against certain persons who did not commit the conduct that violated those Penal Code provisions.
Relating to certain suits for personal injury that arise as a result of conduct that violates certain Penal Code provisions concerning sexual offenses against a child but that are filed against certain persons who did not commit the conduct that violated those Penal Code provisions.
Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of compelling prostitution.