Oklahoma 2022 Regular Session

Oklahoma House Bill HB3406

Introduced
2/7/22  
Refer
2/8/22  

Caption

Civil procedure; statute of limitations; modifying when action must be brought; effective date.

Impact

The most notable impact of this bill is on the way that childhood sexual abuse cases are handled within the legal system. By stipulating that claims related to such abuse must be filed by the fortieth-fifth birthday of the victim, the bill aims to create a clearer pathway for justice while recognizing the unique challenges faced by survivors. Additionally, it sets distinct timelines for different types of civil actions, influencing how courts process these cases and potentially increasing accessibility for victims seeking redress.

Summary

House Bill 3406 amends the statute of limitations for civil actions in the state of Oklahoma, specifically adjusting when various causes of action must be initiated. The bill modifies certain timelines for filing civil actions, which include contracts, fraud, and claims related to childhood sexual abuse incidents. This revision seeks to ensure that victims of childhood sexual abuse have a clearly defined timeframe in which to bring forward their claims, which has been an area of concern for many advocates.

Sentiment

Discussions surrounding HB 3406 were generally supportive, especially from advocacy groups focused on victim rights and justice reform. Many expressed that the new timelines would provide necessary clarity and opportunity for victims who may need time to come forward. However, there were also concerns raised about the implications for defendants in these cases, with some legal experts cautioning that extended timelines might lead to difficulties in defending against older claims due to issues such as diminished evidence and witness availability.

Contention

While the bill is seen largely as a step forward for victims of childhood sexual abuse, contention arises around the practicality and fairness of imposing certain deadlines for filing claims. Some legislators suggested that the timelines could benefit from further examination to ensure they equitably address both victim and defendant rights. Additionally, discussions highlighted the importance of educating both the public and legal community about the changes in law to ensure that individuals are aware of their rights and the relevant timelines.

Companion Bills

No companion bills found.

Previously Filed As

OK HB1539

Civil procedure; statute of limitations; effective date.

OK HB1539

Civil procedure; statute of limitations; effective date.

OK SB876

Civil procedure; providing time frame for which certain action related to sexual assault may be brought. Effective date.

OK HB1002

Civil procedure; eliminating time limitations for civil actions based on childhood sexual abuse incidents; effective date.

OK HB2556

Civil procedure; updating language; effective date.

OK HB1588

Civil procedure; modifying statute of limitations for adverse possession actions; effective date.

OK HB1588

Civil procedure; modifying statute of limitations for adverse possession actions; effective date.

OK S2648

Makes all sexual abuse or exploitation of a child causes of action not subject to statute of limitations whether lapsed or time-barred.

OK H7235

Makes all sexual abuse or exploitation of a child causes of action not subject to statute of limitations whether lapsed or time-barred.

OK SB686

Civil Actions - Child Sexual Abuse - Definition, Damages, and Statute of Limitations (The Child Victims Act of 2023)

Similar Bills

No similar bills found.