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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2556 By: Virgin
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. Su pp. 2020, Section
95), which relates to limitations periods for certain
civil actions; updating language; 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. 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 followi ng 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 writin g; 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 hereinafter enumerated; an action for relief on
the ground of fraud -; provided, the cause of action in such c ase
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 whe re 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 re sult 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 be commenced by the forty -fifth birthday of the
alleged victim. If the person commi tting the act of sexual abuse
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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 ove r 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 f or 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 series of continuing sexual abuse
incidents, exploitation incidents, or incest caused the injury
complained of;
7. An action based on intentional conduct brought by any person
for recovery of damages for injury su ffered 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:
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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) years;
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 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
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12. An action for relief, not hereinbefore provided for, can
only be brought within five (5) years afte r 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.
58-1-6682 GRS 12/21/20