Oklahoma 2022 Regular Session

Oklahoma House Bill HB1002 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	ENGR. H. B. NO. 1002 Page 1 1
	3	+	HB1002 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendmen ts. 1
4	5		2
5	6		3
6	7		4
7	8		5
8	9		6
9	10		7
10	11		8
11	12		9
12	13		10
13	14		11
14	15		12
15	16		13
16	17		14
17	18		15
18	19		16
19	20		17
20	21		18
21	22		19
22	23		20
23	24		21
24	25		22
25	26		23
26	27		24
27	28
28		-	ENGROSSED HOUSE
29		-	BILL NO. 1002 By: Bush, Pae, McDugle and
30		-	Rosecrants of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1002 By: Bush of the House
31	38
32	39		and
33	40
34	41		Weaver of the Senate
35	42
36	43
37	44
38	45
39	46
40		-	[ civil procedure - allowing victims who were
41		-	previously time-barred to file actions for
42		-	childhood sexual abuse - effective date ]
	47	+	COMMITTEE SUBSTITUTE
	48	+
	49	+	An Act relating to civil procedure; amending 12 O.S.
	50	+	2011, Section 95, as last amended by Section 1,
	51	+	Chapter 378, O.S.L. 2017 (12 O.S. Supp. 2020, Section
	52	+	95), which relates to limitations of civil actions;
	53	+	modifying time limitations for civil actions based on
	54	+	childhood sexual abuse incidents; allowing victims
	55	+	who were previously time -barred to file actions for
	56	+	childhood sexual abuse; and providing an effective
	57	+	date.
	58	+
43	59
44	60
45	61
46	62
47	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
48	64		SECTION 1. AMENDATORY 12 O.S. 2011, Section 95, as last
49	65		amended by Section 1, Chapter 378, O.S.L. 2017 (12 O.S. Supp. 2020,
50	66		Section 95), is amended to read as follows:
51	67		Section 95. A. Civil actions other than for the recovery of
52	68		real property can only be brought within the following p eriods,
53	69		after the cause of action shall have accrued, and not afterwards:
54		-	1. Within five (5) years: An action upon any contract,
55		-	agreement, or promise in writing;
56		-	2. Within three (3) years: An action upon a contract express
57		-	or implied not in writing; an action upon a liability created by
58		-	statute other than a forfeiture or penalty; and an action on a
59		-	foreign judgment;
60	70
61		-	ENGR. H. B. NO. 1002 Page 2 1
	71	+	HB1002 HFLR Page 2
	72	+	BOLD FACE denotes Committee Amendmen ts. 1
62	73		2
63	74		3
64	75		4
65	76		5
66	77		6
67	78		7
68	79		8
69	80		9
70	81		10
71	82		11
72	83		12
73	84		13
74	85		14
75	86		15
76	87		16
77	88		17
78	89		18
79	90		19
80	91		20
81	92		21
82	93		22
83	94		23
84	95		24
85	96
	97	+	1. Within five (5) years: An action upon any contract,
	98	+	agreement, or promise in writing;
	99	+	2. Within three (3) years: An action upon a contract express
	100	+	or implied not in writing; a n action upon a liability created by
	101	+	statute other than a forfeiture or penalty; and an action on a
	102	+	foreign judgment;
86	103		3. Within two (2) years: An action for trespass upon real
87	104		property; an action for taking, detaining, or injuring personal
88	105		property, including actions for the specific recovery of personal
89	106		property; an action for injury to the rights of another, not arising
90	107		on contract, and not hereinafter enumerated; an action for relief on
91	108		the ground of fraud - the cause of action in such case shall not b e
92	109		deemed to have accrued until the discovery of the fraud;
93	110		4. Within one (1) year: An action for libel, slander, assault,
94	111		battery, malicious prosecution, or false imprisonment; an action
95	112		upon a statute for penalty or forfeiture, except where the statute
96	113		imposing it prescribes a different limitation;
97	114		5. An action upon the official bond or undertaking of an
98	115		executor, administrator, guardian, sheriff, or any other officer, or
99	116		upon the bond or undertaking given in attachment, injunction,
100	117		arrest, or in any ca se whatever required by the statute, can only be
101	118		brought within five (5) years after the cause of action shall have
102	119		accrued;
103		-	6. a. An action based on intentional conduct brought by any
104		-	person for the recovery of damages for injury suffered
105		-	as a result of childhood sexual abuse incidents or
106		-	exploitation, as defined by paragraph 2 of Section 1-
107		-	1-105 of Title 10A of the Oklahoma Statutes or incest
108		-	against the actual perpetrator shall , may be commenced
109		-	by the forty-fifth birthday of the alleged victim. If
110	120
111		-	ENGR. H. B. NO. 1002 Page 3 1
	121	+	HB1002 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendmen ts. 1
112	123		2
113	124		3
114	125		4
115	126		5
116	127		6
117	128		7
118	129		8
119	130		9
120	131		10
121	132		11
122	133		12
123	134		13
124	135		14
125	136		15
126	137		16
127	138		17
128	139		18
129	140		19
130	141		20
131	142		21
132	143		22
133	144		23
134	145		24
135	146
	147	+	6. a. An action based on intentional conduct brought by any
	148	+	person for the recovery of damages for injury suffered
	149	+	as a result of childhood sexual abuse incidents or
	150	+	exploitation, as defined by paragraph 2 of Section 1-
	151	+	1-105 of Title 10A of the Oklahoma Statutes or incest
	152	+	against the actual perpetrator shall , may be commenced
	153	+	by the forty-fifth birthday of the alleged victim. If
136	154		the person committing the act against any person at
137	155		any time and shall not be time -barred. For purposes
138	156		of this subsection, if the child sexual abuse or
139	157		exploitation first occurs prior to eighteen (18) years
140	158		of age and continues into adulthood, the victim may
141	159		commence a civil action against the repeat perpetrator
142	160		at any time and shall not be time -barred. The victim
143	161		need not establish which act in a continuing series of
144	162		sexual abuse or exploitation caused the injury of
145	163		which the victim complains.
146	164		b. An action for the recovery of damages for injury
147	165		suffered as a result of childhood sexual abuse against
148	166		a child was employed by or exploitation, as defined by
149	167		paragraph 2 of Section 1 -1-105 of Title 10A of the
150	168		Oklahoma Statutes, may be commenced against an entity,
151	169		institution, organization, agency, firm, business , or
152	170		corporation or other public or private legal entity
153		-	that owed a duty of care to the victim, or the accused
154		-	and the child were engaged in some activity over which
155		-	the legal entity had some degree of responsibility or
156		-	control, the action must be brought against such
157		-	employer or legal entity , whether for profit or
158		-	nonprofit, within two (2) thirty (30) years; provided,
159		-	that the time limit for commencement of an action of
160	171
161		-	ENGR. H. B. NO. 1002 Page 4 1
	172	+	HB1002 HFLR Page 4
	173	+	BOLD FACE denotes Committee Amendmen ts. 1
162	174		2
163	175		3
164	176		4
165	177		5
166	178		6
167	179		7
168	180		8
169	181		9
170	182		10
171	183		11
172	184		12
173	185		13
174	186		14
175	187		15
176	188		16
177	189		17
178	190		18
179	191		19
180	192		20
181	193		21
182	194		22
183	195		23
184	196		24
185	197
	198	+	that owed a duty of care to the victim, or the accused
	199	+	and the child were engaged in some activity over which
	200	+	the legal entity had some degree of respo nsibility or
	201	+	control, the action must be brought against such
	202	+	employer or legal entity , whether for profit or
	203	+	nonprofit, within two (2) thirty (30) years; provided,
	204	+	that the time limit for commencement of an action of
186	205		the last act committed against the vic tim or within
187	206		five (5) years of when the victim knew or should have
188	207		known of the last act of the perpetrator, whichever is
189	208		longer; provided, that the time limit for commencement
190	209		of an action pursuant to this paragraph subparagraph
191	210		is tolled for a child unt il the child reaches the age
192	211		of eighteen (18) years. No action may be brought
193	212		against the alleged perpetrator or the estate of the
194	213		alleged perpetrator after the death of such alleged
195	214		perpetrator, unless the perpetrator was convicted of a
196	215		crime of sexual abuse involving the claimant. An
197	216		action pursuant to this paragraph must be based upon
198		-	objective verifiable evidence in order for the victim
	217	+	objective, verifiable evidence in order for the victim
199	218		to recover damages for injuries suffered by reason of
200	219		such sexual abuse, exploitation, or incest. The
201	220		victim need not establish which act in a continuing
202	221		series of continuing sexual abuse incidents, or
203		-	exploitation incidents, or incest caused the injury
204		-	complained of which the victim complains.
205		-	c. No action may be brought against the alleged
206		-	perpetrator or the estate of the alleged perpetrator
207		-	after the death of such alleged perpetrator, unless
208		-	the perpetrator was convicted of a crime of sexual
209		-	abuse, exploitation or incest involving the claimant.
210	222
211		-	ENGR. H. B. NO. 1002 Page 5 1
	223	+	HB1002 HFLR Page 5
	224	+	BOLD FACE denotes Committee Amendmen ts. 1
212	225		2
213	226		3
214	227		4
215	228		5
216	229		6
217	230		7
218	231		8
219	232		9
220	233		10
221	234		11
222	235		12
223	236		13
224	237		14
225	238		15
226	239		16
227	240		17
228	241		18
229	242		19
230	243		20
231	244		21
232	245		22
233	246		23
234	247		24
235	248
236		-	An action pursuant to this subparagraph must be based
237		-	upon objective, verifiable evidence in order for the
238		-	victim to recover damages for injuries suffered by
239		-	reason of such sexual abuse, exploitation or incest .
240		-	d. For a period of five (5) years beginning November 1,
	249	+	exploitation incidents, or incest caused the injury
	250	+	complained of which the victim complains.
	251	+	c. For a period of five (5) years beginning November 1,
241	252		2021, any victim who was previously time -barred prior
242	253		to November 1, 2021, shall be permitted to file an
243	254		action pursuant to subparagraph a or b of this
244	255		paragraph;
245	256		7. An action based on intentional conduct brought by any person
246	257		for recovery of damages for injury suffered as a result of criminal
247	258		actions, as defined by the Oklahoma Statutes, may be brought against
248	259		any person incarcerated or under the supervision of a state, federal
249	260		or local correctional facility on or after November 1, 2003:
250	261		a. at any time during the incarcera tion of the offender
251	262		for the offense on which the action is based, or
252	263		b. within five (5) years after the perpetrator is
253	264		released from the custody of a state, federal or local
254	265		correctional facility, if the defendant was serving
255	266		time for the offense on which the action is based;
256	267		8. An action to establish paternity and to enforce support
257	268		obligations can be brought any time before the child reaches the age
258	269		of eighteen (18);
	270	+	9. An action to establish paternity can be brought by a child
	271	+	in accordance with Secti on 7700-606 of Title 10 of the Oklahoma
	272	+	Statutes;
259	273
260		-	ENGR. H. B. NO. 1002 Page 6 1
	274	+	HB1002 HFLR Page 6
	275	+	BOLD FACE denotes Committee Amendmen ts. 1
261	276		2
262	277		3
263	278		4
264	279		5
265	280		6
266	281		7
267	282		8
268	283		9
269	284		10
270	285		11
271	286		12
272	287		13
273	288		14
274	289		15
275	290		16
276	291		17
277	292		18
278	293		19
279	294		20
280	295		21
281	296		22
282	297		23
283	298		24
284	299
285		-	9. An action to estab lish paternity can be brought by a child
286		-	in accordance with Section 7700 -606 of Title 10 of the Oklahoma
287		-	Statutes;
288	300		10. Court-ordered child support is owed until it is paid in
289	301		full and it is not subject to a statute of limitations;
290	302		11. All actions filed by an inmate or by a person based upon
291	303		facts that occurred while t he person was an inmate in the custody of
292	304		one of the following:
293	305		a. the State of Oklahoma,
294	306		b. a contractor of the State of Oklahoma, or
295	307		c. a political subdivision of the State of Oklahoma,
296	308		to include, but not be limited to, the revocation of earned credits
297	309		and claims for injury to the rights of another, shall be commenced
298	310		within one (1) year after the cause of action shall have accrued;
299	311		and
300	312		12. An action for relief, not hereinbefore provided for, can
301	313		only be brought within five (5) years after the cause of action
302	314		shall have accrued.
303	315		B. Collection of debts owed by inmates who have received damage
304	316		awards pursuant to Section 566.1 of Title 57 of the Oklahoma
305	317		Statutes shall be governed by the time limitations imposed by that
306	318		section.
307	319		SECTION 2. This act shall become effective November 1, 2021.
308	320
309		-
310		-	ENGR. H. B. NO. 1002 Page 7 1
311		-	2
312		-	3
313		-	4
314		-	5
315		-	6
316		-	7
317		-	8
318		-	9
319		-	10
320		-	11
321		-	12
322		-	13
323		-	14
324		-	15
325		-	16
326		-	17
327		-	18
328		-	19
329		-	20
330		-	21
331		-	22
332		-	23
333		-	24
334		-
335		-	Passed the House of Representatives the 11th day of March, 2021.
336		-
337		-
338		-
339		-
340		-	Presiding Officer of the House
341		-	of Representatives
342		-
343		-
344		-	Passed the Senate the ___ day of __________, 2021.
345		-
346		-
347		-
348		-
349		-	Presiding Officer of the Senate
350		-
351		-
	321	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	322	+	02/18/2021 - DO PASS, As Amended and Coauthored.