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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1002 By: Bush
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2011, Section 95, as last amended by Section 1,
Chapter 378, O.S.L. 2017 (12 O.S. Supp. 2020, Section
95), which relates to limitations of civil actions;
eliminating time limitations for civil actions based
on childhood sexual abuse incidents; allowing
retroactive claims for childhood sexual abuse under
certain circumstances; providing trebl e damages for
successful counterclaims; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 95, as last
amended by Section 1, Chapter 378, O.S.L. 2017 (12 O.S. Supp. 20 20,
Section 95), is amended to read as follows:
Section 95. A. Civil actions other than for the recovery of
real property can only be brought within the following periods,
after the cause of action shall have accrued, and not afterwards:
1. Within five (5) years: An action upon any contract,
agreement, or promise in writing;
2. Within three (3) years: An action upon a contract express
or implied not in writing; an action upon a liability created by
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statute other than a for feiture or penalty; and an action on a
foreign judgment;
3. Within two (2) years: An action for trespass upon real
property; an action for taking, detaining, or injuring personal
property, including actions for the specific recovery of personal
property; an action for injury to the rights of another, not arising
on contract, and not hereinafter enumerated; an action for relief on
the ground of fraud - the cause of action in such case shall not be
deemed to have accrued until the discovery of the fraud;
4. Within one (1) year: An action for libel, slander, assault,
battery, malicious prosecution, or false imprisonment; an action
upon a statute for penalty or forfeiture, except where the statute
imposing it prescribes a different limitation;
5. An action upon the official bond or undertaking of an
executor, administrator, guardian, sheriff, or any other officer, or
upon the bond or undertaking given in attachment, injunction,
arrest, or in any case whatever required by the statute, can only be
brought within five (5) years after the cause of action shall have
accrued;
6. An action based on intentional conduct brought by any person
for recovery of damages for injury suffered as a result of childhood
sexual abuse incidents or exploitation , as defined by Section 1-1-
105 of Title 10A of the Oklahoma Statutes , or incest against the
actual perpetrator shall may be commenced by the forty-fifth
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birthday of the alleged victim at any time. If the person
committing the act of sexual abuse against a child was employed by
an institution, agency, firm, business, corporation or other public
or private legal entity that owed a duty of care to the victim, or
the accused and the child were engaged in some activity over which
the legal entity had some degree of responsibility or control, the
action must be brought against such employer or legal entity within
two (2) years; provided, that the time limit for commencement of an
action pursuant to this paragraph is tolled for a child until the
child reaches the age of eighteen (18 ) years. No action may be
brought against the alleged perpetrator or the estate of the alleged
perpetrator after the death of such alleged perpetrator, unless the
perpetrator was convicted of a crime of sexual abuse involving the
claimant. An action purs uant to this paragraph must be based upon
objective, verifiable evidence in order for the victim to recover
damages for injuries suffered by reason of such sexual abuse,
exploitation, or incest. The victim need not establish which act in
a series of continuing sexual abuse incidents, exploitation
incidents, or incest caused the injury complained of .
For a period of ten (10) years following November 1, 2021,
plaintiffs of any age who were time -barred from filing a civil
action for injuries resulting from ch ildhood sexual abuse ,
exploitation or incest due to the expiration of the statute of
limitations in effect on October 31, 20 21, shall be permitted to
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file such actions against the individual alleged to have committed
such abuse, exploitation or incest before November 1, 2031, thereby
reviving those civil actions which had lapsed or technically expired
under the law in effect on October 31, 20 21. The revival of a claim
as provided in this paragraph shall not apply to:
a. any claim that has been litigated to finality on the
merits in a court of competent jurisdiction prior to
November 1, 2021. Termination of a prior civil action
on the basis of the expiration of the statute of
limitations shall not constitute a claim that has been
litigated to finality on th e merits, and
b. any written settlement agreement which has been
entered into between a plaintiff and a defendant when
the plaintiff was represented by an attorney who was
admitted to practice law in this state at the time of
the settlement and the plainti ff signed such
agreement;
Any party bringing an action against an individual in which the
defendant is ultimately found not liable for the complaint shall be
subject to treble damages if , and when, the defendant pursues a
counterclaim and receives a com pensatory or punitive judg ment;
7. An action based on intentional conduct brought by any person
for recovery of damages for injury suffered as a result of criminal
actions, as defined by the Oklahoma Statutes, may be brought against
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any person incarcerated o r under the supervision of a state, federal
or local correctional facility on or after November 1, 2003:
a. at any time during the incarceration of the offender
for the offense on which the action is based, or
b. within five (5) years after the perpetrator is
released from the custody of a state, federal or local
correctional facility, if the defendant was serving
time for the offense on which the action is based;
8. An action to establish paternity and to enforce support
obligations can be brought any tim e before the child reaches the age
of eighteen (18);
9. An action to establish paternity can be brought by a child
in accordance with Section 7700 -606 of Title 10 of the Oklahoma
Statutes;
10. Court-ordered child support is owed until it is paid in
full and it is not subject to a statute of limitations;
11. All actions filed by an inmate or by a person based upon
facts that occurred while the person was an inmate in the custody of
one of the following:
a. the State of Oklahoma,
b. a contractor of the Sta te of Oklahoma, or
c. a political subdivision of the State of Oklahoma,
to include, but not be limited to, the revocation of earned credits
and claims for injury to the rights of another, shall be commenced
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within one (1) year after the cause of action sha ll have accrued;
and
12. An action for relief, not hereinbefore provided for, can
only be brought within five (5) years after the cause of action
shall have accrued.
B. Collection of debts owed by inmates who have received damage
awards pursuant to Secti on 566.1 of Title 57 of the Oklahoma
Statutes shall be governed by the time limitations imposed by that
section.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5051 GRS 11/18/20