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| 5 | 5 | | 2025 -- H 5177 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000186 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- |
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| 16 | 16 | | CAUSES OF ACTION |
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| 17 | 17 | | Introduced By: Representatives Casimiro, Roberts, Hopkins, Cotter, and Shallcross |
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| 18 | 18 | | Smith |
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| 19 | 19 | | Date Introduced: January 24, 2025 |
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| 20 | 20 | | Referred To: House Judiciary |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 9-1-14 of the General Laws in Chapter 9-1 entitled "Causes of 1 |
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| 25 | 25 | | Action" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 9-1-14. Limitation of actions for words spoken or personal injuries. 3 |
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| 27 | 27 | | (a) Actions for words spoken shall be commenced and sued within one year next after the 4 |
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| 28 | 28 | | words spoken, and not after. 5 |
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| 29 | 29 | | (b) Actions for injuries to the person shall be commenced and sued within three (3) years 6 |
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| 30 | 30 | | next after the cause of action shall accrue, and not after, except as provided for otherwise in 7 |
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| 31 | 31 | | subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or 8 |
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| 32 | 32 | | exploitation of a child shall be governed by § 9-1-51 and any claim based on conduct consisting of 9 |
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| 33 | 33 | | first degree child abuse in violation of § 11-9-5.3(b)(1), shall be commenced within the statute of 10 |
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| 34 | 34 | | limitations contained in § 9-1-55. 11 |
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| 35 | 35 | | (c) As to an action for personal injuries wherein an injured party is entitled to proceed 12 |
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| 36 | 36 | | against an insurer pursuant to § 27-7-2, where an action is otherwise properly filed against an 13 |
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| 37 | 37 | | insured within the time limitations provided for by this section, and process against the insured 14 |
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| 38 | 38 | | tortfeasor has been returned “non estinventus” and filed with the court, then the statutory limitation 15 |
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| 39 | 39 | | for filing an action under § 27-7-2 directly against an insurer shall be extended an additional one 16 |
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| 40 | 40 | | hundred twenty (120) days after the expiration of the time limitation provided for in subsection (b) 17 |
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| 41 | 41 | | herein. 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000186 - Page 2 of 3 |
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| 45 | 45 | | SECTION 2. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby 1 |
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| 46 | 46 | | amended by adding thereto the following section: 2 |
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| 47 | 47 | | 9-1-55. Limitation on actions based on child abuse -- Harter's Law. 3 |
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| 48 | 48 | | (a) This section shall be known and may be referred to as "Harter's Law". 4 |
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| 49 | 49 | | (b) Any civil action brought pursuant to the provisions of § 9-1-2, for injury as a result of 5 |
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| 50 | 50 | | conduct, in violation of § 11-9-5.3(b)(1), shall be commenced and sued within thirty-five (35) years 6 |
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| 51 | 51 | | next, after the cause of action shall accrue, and not after; provided, however, that the time limit or 7 |
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| 52 | 52 | | commencement of an action under this section, shall be tolled for a child, until the child reaches 8 |
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| 53 | 53 | | eighteen (18) years of age. 9 |
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| 54 | 54 | | SECTION 3. This act shall take effect upon passage. 10 |
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| 55 | 55 | | ======== |
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| 56 | 56 | | LC000186 |
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| 57 | 57 | | ======== |
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| 58 | 58 | | |
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| 59 | 59 | | |
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| 60 | 60 | | LC000186 - Page 3 of 3 |
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| 61 | 61 | | EXPLANATION |
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| 62 | 62 | | BY THE LEGISLATIVE COUNCIL |
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| 63 | 63 | | OF |
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| 64 | 64 | | A N A C T |
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| 65 | 65 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERAL LY -- |
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| 66 | 66 | | CAUSES OF ACTION |
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| 67 | 67 | | *** |
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| 68 | 68 | | This act would create "Harter's Law" to extend the civil statute of limitations, for injuries 1 |
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| 69 | 69 | | resulting from first degree child abuse, to thirty-five (35) years. 2 |
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| 70 | 70 | | This act would take effect upon passage. 3 |
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| 71 | 71 | | ======== |
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| 72 | 72 | | LC000186 |
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