New Mexico Senate Bill SB126

New Mexico 2023 Regular Session

• Introduced: 1/19/23
• Report Pass: 2/2/23

Caption

Child Sex Abuse Statute Of Limitations

Impact

By removing any statutes of limitation retroactively, SB126 empowers individuals who suffered childhood sexual abuse to seek justice regardless of when the abuse took place or if prior limitations had lapsed. This retroactive application is particularly impactful as it potentially opens the door for many former victims who may have felt barred from legal action due to timelines that were too restrictive. The bill thus not only affects future claims but directly influences existing laws regarding personal injury and childhood sexual abuse claims.

Summary

Senate Bill 126 aims to eliminate the statute of limitations for actions seeking damages due to childhood sexual abuse. This significant legislative change allows survivors to file claims at any point in their lives, removing previous time constraints that often hindered justice for older victims. The bill specifically amends Section 37-1-30 of the New Mexico Statutes, which previously imposed a deadline based on a victim's age or the time since their first disclosure of abuse to a healthcare provider.

Contention

The bill has sparked various discussions concerning the implications of such a change. Supporters argue that eliminating the statute of limitations is a crucial step in addressing past injustices and providing a pathway for survivors to seek accountability. Detractors, however, raise concerns about the potential for challenges related to evidence and the reliability of memories over time, arguing that the absence of a time limit could complicate judicial processes. Ultimately, the divisive views surrounding SB126 highlight the broader societal tension between the desire for justice for survivors and the need for fair legal proceedings.