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ENGROSSED HOUSE
BILL NO. 1539 By: Moore and Pae of the House
and
Weaver of the Senate
An Act relating to civil procedure; amending 12 O.S.
2021, Section 95, which relates to statute of
limitations; modifying when certain act ion must be
brought; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, 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 li ability 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 u pon 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 - 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, slande r, assault,
battery, malicious prosecution, or false impr isonment; 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 requir ed by the statute, can only be
brought within five (5) years after the cause of action shall h ave
accrued;
6. An action based on intentional conduct b rought by any person
for recovery of damages for injury suffered as a result of childhood
sexual abuse incidents or sexual exploitation as defined by Section
1-1-105 of Title 10A of the Oklahoma Statutes or incest against the
actual perpetrator shall be co mmenced by the forty-fifth birthday of
the alleged victim. If the person committing the act of sexual
abuse against a child was employed by an institution, agency, firm,
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business, corporation or other publ ic 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 h ad some degree
of responsibility or control, the action must be brought against
such employer or lega l entity within two (2) five (5) years;
provided, that the time limit for commencement of an action pursuant
to this paragraph 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 af ter
the death of such alleged perpetrator, unless the perpetrator was
convicted of a crime of sexual abus e involving the claimant. An
action pursuant to this paragraph must be based upon objective
verifiable evidence in order for the victim to recover dam ages 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 ince st
caused the injury complained of;
7. An action based on intentional conduct brought by any person
for recovery of damages for injury suffered as a resul t 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
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b. within five (5) years after the perp etrator is
released from the custody of a state, f ederal or local
correctional facility, if the defendant was serving
time for the offense on which the act ion 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);
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 i n
full and it is not subject to a statute of limit ations;
11. All actions filed by an inmate or by a person based upon
facts that occurred while the perso n 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 subdivisi on 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 act ion shall have accrued;
and
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12. An action for rel ief, not hereinbefore provided for, 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, 2023.
Passed the House of Representatives the 6th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate