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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE BILL 2556 By: Virgin
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38	38	AS INTRODUCED
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40	40	An Act relating to civil procedure; amending 12 O.S.
41	41	2011, Section 95, as last amended by Section 1,
42	42	Chapter 378, O.S.L. 2017 (12 O.S. Su pp. 2020, Section
43	43	95), which relates to limitations periods for certain
44	44	civil actions; updating language; and providing an
45	45	effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 12 O .S. 2011, Section 95, as last
52	52	amended by Section 1, Chapter 378, O.S.L. 2017 (12 O.S. Supp. 2020,
53	53	Section 95), is amended to read as follows:
54	54	Section 95. A. Civil actions other than for the recovery of
55	55	real property can only be brought within the followi ng periods,
56	56	after the cause of action shall have accrued, and not afterwards:
57	57	1. Within five (5) years: An action upon any contract,
58	58	agreement, or promise in writing;
59	59	2. Within three (3) years: An action upon a contract express
60	60	or implied not in writin g; an action upon a liability created by
61	61	statute other than a forfeiture or penalty; and an action on a
62	62	foreign judgment;
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89	89	3. Within two (2) years: An action for trespass upon real
90	90	property; an action for taking, detaining, or injuring personal
91	91	property, including actions for the specific recovery of personal
92	92	property; an action for injury to the rights of another, not arising
93	93	on contract, and not hereinafter enumerated; an action for relief on
94	94	the ground of fraud -; provided, the cause of action in such c ase
95	95	shall not be deemed to have accrued until the discovery of the
96	96	fraud;
97	97	4. Within one (1) year: An action for libel, slander, assault,
98	98	battery, malicious prosecution, or false imprisonment; an action
99	99	upon a statute for penalty or forfeiture, except whe re the statute
100	100	imposing it prescribes a different limitation;
101	101	5. An action upon the official bond or undertaking of an
102	102	executor, administrator, guardian, sheriff, or any other officer, or
103	103	upon the bond or undertaking given in attachment, injunction,
104	104	arrest, or in any case whatever required by the statute, can only be
105	105	brought within five (5) years after the cause of action shall have
106	106	accrued;
107	107	6. An action based on intentional conduct brought by any person
108	108	for recovery of damages for injury suffered as a re sult of childhood
109	109	sexual abuse incidents or exploitation as defined by Section 1 -1-105
110	110	of Title 10A of the Oklahoma Statutes or incest against the actual
111	111	perpetrator shall be commenced by the forty -fifth birthday of the
112	112	alleged victim. If the person commi tting the act of sexual abuse
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139	139	against a child was employed by an institution, agency, firm,
140	140	business, corporation or other public or private legal entity that
141	141	owed a duty of care to the victim, or the accused and the child were
142	142	engaged in some activity ove r which the legal entity had some degree
143	143	of responsibility or control, the action must be brought against
144	144	such employer or legal entity within two (2) years; provided, that
145	145	the time limit for commencement of an action pursuant to this
146	146	paragraph is tolled f or a child until the child reaches the age of
147	147	eighteen (18) years. No action may be brought against the alleged
148	148	perpetrator or the estate of the alleged perpetrator after the death
149	149	of such alleged perpetrator, unless the perpetrator was convicted of
150	150	a crime of sexual abuse involving the claimant. An action pursuant
151	151	to this paragraph must be based upon objective verifiable evidence
152	152	in order for the victim to recover damages for injuries suffered by
153	153	reason of such sexual abuse, exploitation, or incest. The victim
154	154	need not establish which act in a series of continuing sexual abuse
155	155	incidents, exploitation incidents, or incest caused the injury
156	156	complained of;
157	157	7. An action based on intentional conduct brought by any person
158	158	for recovery of damages for injury su ffered as a result of criminal
159	159	actions, as defined by the Oklahoma Statutes, may be brought against
160	160	any person incarcerated or under the supervision of a state, federal
161	161	or local correctional facility on or after November 1, 2003:
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188	188	a. at any time during the incarceration of the offender
189	189	for the offense on which the action is based, or
190	190	b. within five (5) years after the perpetrator is
191	191	released from the custody of a state, federal or local
192	192	correctional facility, if the defendant was serving
193	193	time for the offense on which the action is based;
194	194	8. An action to establish paternity and to enforce support
195	195	obligations can be brought any time before the child reaches the age
196	196	of eighteen (18) years;
197	197	9. An action to establish paternity can be brought by a child
198	198	in accordance with Section 7700 -606 of Title 10 of the Oklahoma
199	199	Statutes;
200	200	10. Court-ordered child support is owed until it is paid in
201	201	full and it is not subject to a statute of limitations;
202	202	11. All actions filed by an inmate or by a person based upon
203	203	facts that occurred while the person was an inmate in the custody of
204	204	one of the following:
205	205	a. the State of Oklahoma,
206	206	b. a contractor of the State of Oklahoma, or
207	207	c. a political subdivision of the State of Oklahoma,
208	208	to include, but not be limited to, the revocation of earned credits
209	209	and claims for injury to the rights of another, shall be commenced
210	210	within one (1) year after the cause of action shall have accrued;
211	211	and
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238	238	12. An action for relief, not hereinbefore provided for, can
239	239	only be brought within five (5) years afte r the cause of action
240	240	shall have accrued.
241	241	B. Collection of debts owed by inmates who have received damage
242	242	awards pursuant to Section 566.1 of Title 57 of the Oklahoma
243	243	Statutes shall be governed by the time limitations imposed by that
244	244	section.
245	245	SECTION 2. This act shall become effective November 1, 2021.
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247	247	58-1-6682 GRS 12/21/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2556 Compare Versions