Rhode Island 2025 Regular Session

Rhode Island House Bill H5909 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5909
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7	7	LC001948
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --
16	16	CAUSES OF ACTION
17	17	Introduced By: Representatives McEntee, Shekarchi, Caldwell, Knight, Spears, Fogarty,
18	18	Ajello, Donovan, Kazarian, and Casimiro
19	19	Date Introduced: February 28, 2025
20	20	Referred To: House Judiciary
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 9-1-51 of the General Laws in Chapter 9-1 entitled "Causes of 1
25	25	Action" is hereby amended to read as follows: 2
26	26	9-1-51. Limitation on actions based on sexual abuse or exploitation of a child. 3
27	27	(a)(1) All claims or causes of action brought against a perpetrator defendant by any person 4
28	28	for recovery of damages for injury suffered as a result of sexual abuse shall be commenced within 5
29	29	the later to expire of: 6
30	30	(i) Thirty-five (35) years of the act alleged to have caused the injury or condition; or 7
31	31	(ii) Seven (7) years from the time the victim discovered or reasonably should have 8
32	32	discovered that the injury or condition was caused by the act. 9
33	33	Provided, however, that the time limit or commencement of such an action under this 10
34	34	section shall be tolled for a child until the child reaches eighteen (18) years of age. For the purposes 11
35	35	of this section, “sexual abuse” shall have the same meaning as in subsection (e) of this section. 12
36	36	(2) All claims or causes of action brought against a non-perpetrator defendant by any 13
37	37	person alleging negligent supervision of a person that sexually abused a minor, or that the non-14
38	38	perpetrator defendant’s conduct caused or contributed to the childhood sexual abuse by another 15
39	39	person to include, but not be limited to, wrongful conduct, neglect or default in supervision, hiring, 16
40	40	employment, training, monitoring, or failure to report and/or the concealment of sexual abuse of a 17
41	41	child shall be commenced within the later to expire of: 18
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45	45	(i) Thirty-five (35) years of the act or acts alleged to have caused an injury or condition to 1
46	46	the minor; or 2
47	47	(ii) Seven (7) years from the time the victim discovered or reasonably should have 3
48	48	discovered that the injury or condition was caused by the act. 4
49	49	Provided, however, that the time limit or commencement of such an action under this 5
50	50	section shall be tolled for a child until the child reaches eighteen (18) years of age. 6
51	51	For purposes of this section “sexual abuse” shall have the same meaning as in subsection 7
52	52	(e) of this section. 8
53	53	(3) As to a perpetrator defendant, any claim or cause of action based on conduct of sexual 9
54	54	abuse may be commenced within the time period enumerated in subsections (a)(1)(i) and (a)(1)(ii) 10
55	55	regardless if the claim was time-barred under previous version of the general laws. 11
56	56	(4) Except as provided in subsection (a)(3) herein, any claim or cause of action based on 12
57	57	conduct of sexual abuse or conduct that caused or contributed to sexual abuse, if the action is not 13
58	58	otherwise time-barred under previous version of the general laws on the effective date of this 14
59	59	section, may be commenced within the time period enumerated in subsections (a)(1) and (a)(2) of 15
60	60	this section. 16
61	61	(a)(1) All claims or causes of action brought against any party by any person for recovery 17
62	62	of damages for injury suffered as a result of sexual abuse shall not be subject to any statute of 18
63	63	limitations regardless of whether the claim may have lapsed or was time-barred under previous 19
64	64	versions of the general laws. 20
65	65	(2) Claims and causes of action brought against any party including, but not limited to, 21
66	66	sexual abuse of a minor, negligent supervision of a person who sexually abuses a minor, defendant's 22
67	67	conduct caused or contributed to the childhood sexual abuse of another, wrongful conduct, 23
68	68	negligent or default in supervision, hiring, employment, training, monitoring, or failure to report 24
69	69	and/or concealment of sexual abuse of a minor. All such claims or causes of action shall not be 25
70	70	subject to any statute of limitations regardless of whether the claim may have lapsed or was time-26
71	71	barred under previous versions of the general laws. 27
72	72	(b) The victim need not establish which act in a series of continuing sexual abuse or 28
73	73	exploitation incidents caused the injury complained of, but may compute the date of discovery from 29
74	74	the date of the last act by the same perpetrator which is part of a common scheme or plan of sexual 30
75	75	abuse or exploitation. 31
76	76	(c) The knowledge of a custodial parent or guardian shall not be imputed to a person under 32
77	77	the age of eighteen (18) years. 33
78	78	(d) For purposes of this section, “child” means a person under the age of eighteen (18) 34
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82	82	years. 1
83	83	(e) As used in this section, “sexual abuse” means any act committed by the defendant 2
84	84	against a complainant who was less than eighteen (18) years of age at the time of the act and which 3
85	85	act would have been a criminal violation of chapter 37 of title 11. 4
86	86	SECTION 2. This act shall take effect upon passage. 5
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93	93	EXPLANATION
94	94	BY THE LEGISLATIVE COUNCIL
95	95	OF
96	96	A N A C T
97	97	RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --
98	98	CAUSES OF ACTION
99	99	***
100	100	This act would make all causes of action based on sexual abuse or exploitation of a child 1
101	101	not subject to any statute of limitations whether the claim has lapsed or was previously time-barred. 2
102	102	This act would take effect upon passage. 3
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