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ENGROSSED HOUSE
BILL NO. 1002 By: Bush, Pae, McDugle and
Rosecrants of the House
and
Weaver of the Senate
[ civil procedure - allowing victims who were
previously time-barred to file actions for
childhood sexual abuse - 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. 2020,
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
statute other than a forfeiture or penalty; and an action on a
foreign judgment;
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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 herein after 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 prose cution, 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. a. An action based on intentional conduct brought by any
person for the recovery of damages for injury suffered
as a result of childhood sexual abuse incidents or
exploitation, as defined by paragraph 2 of 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 birthday of the alleged victim. If
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the person committing the act against any person at
any time and shall not be time -barred. For purposes
of this subsection, if the child sexual abuse o r
exploitation first occurs prior to eighteen (18) years
of age and continues into adulthood, the victim may
commence a civil action against the repeat perpetrator
at any time and shall not be time -barred. The victim
need not establish which act in a cont inuing series of
sexual abuse or exploitation caused the injury of
which the victim complains.
b. An action for the recovery of damages for injury
suffered as a result of childhood sexual abuse against
a child was employed by or exploitation, as defined by
paragraph 2 of Section 1 -1-105 of Title 10A of the
Oklahoma Statutes, may be commenced against an entity,
institution, organization, agency, firm, business , or
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 , whether for profit or
nonprofit, within two (2) thirty (30) years; provided,
that the time limit for commencement of an action of
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the last act committed against the victim or within
five (5) years of when the victim knew or should have
known of the last act of the perpetrator, whichever is
longer; provided, that th e time limit for commencement
of an action pursuant to this paragraph subparagraph
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 pursuant 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 continuing
series of continuing sexual abuse incidents, or
exploitation incidents, or incest caused the injury
complained of which the victim complains.
c. 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, exploitation or incest involving the claimant.
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An action pursuant to this subparagraph 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 .
d. For a period of five (5) years beginning November 1,
2021, any victim who was previously time -barred prior
to November 1, 2021, shall be permitted to file an
action pursuant to subparagraph a or b of this
paragraph;
7. An action based on intentional conduct bro ught 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
any person incarcerated or 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 time before the child reaches the age
of eighteen (18);
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9. An action to estab lish 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 b y 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 State 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
within one (1) year after the cause of action shall have accrued;
and
12. An action for relief, not hereinbefore provided f or, 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 Section 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.
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Passed the House of Representatives the 11th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate