| 1 | 1 | | 81R10328 CAE-F |
|---|
| 2 | 2 | | By: Watson S.B. No. 1931 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the statute of limitations in a civil suit for certain |
|---|
| 8 | 8 | | sexual assaults. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 16.0045, Civil Practice and Remedies |
|---|
| 11 | 11 | | Code, is amended to read as follows: |
|---|
| 12 | 12 | | Sec. 16.0045. [FIVE-YEAR] LIMITATIONS PERIOD FOR CERTAIN |
|---|
| 13 | 13 | | SEXUAL ASSAULTS. (a) A person may [must] bring suit for personal |
|---|
| 14 | 14 | | injury at any time [not later than five years after the day the |
|---|
| 15 | 15 | | cause of action accrues] if the injury arises as a result of conduct |
|---|
| 16 | 16 | | that violates: |
|---|
| 17 | 17 | | (1) Section 22.011(a)(2) [22.011], Penal Code (sexual |
|---|
| 18 | 18 | | assault of a child); |
|---|
| 19 | 19 | | (2) Section 22.021(a)(1)(B) [22.021], Penal Code |
|---|
| 20 | 20 | | (aggravated sexual assault of a child); [or] |
|---|
| 21 | 21 | | (3) Section 21.02, Penal Code (continuous sexual abuse |
|---|
| 22 | 22 | | of young child or children); or |
|---|
| 23 | 23 | | (4) Section 21.11, Penal Code (indecency with a |
|---|
| 24 | 24 | | child). |
|---|
| 25 | 25 | | (b) A person must bring suit for personal injury not later |
|---|
| 26 | 26 | | than 10 years after the day the cause of action accrues if the |
|---|
| 27 | 27 | | injury arises as a result of conduct that violates: |
|---|
| 28 | 28 | | (1) Section 22.011(a)(1), Penal Code (sexual |
|---|
| 29 | 29 | | assault); or |
|---|
| 30 | 30 | | (2) Section 22.021(a)(1)(A), Penal Code (aggravated |
|---|
| 31 | 31 | | sexual assault). |
|---|
| 32 | 32 | | (c) In an action for injury resulting in death arising as a |
|---|
| 33 | 33 | | result of conduct described by Subsection (a) or (b), the cause of |
|---|
| 34 | 34 | | action accrues on the death of the injured person. |
|---|
| 35 | 35 | | (d) A [(c) The] limitations period under this section is |
|---|
| 36 | 36 | | tolled for a suit on the filing of a petition by any person in an |
|---|
| 37 | 37 | | appropriate court alleging that the identity of the defendant in |
|---|
| 38 | 38 | | the suit is unknown and designating the unknown defendant as "John |
|---|
| 39 | 39 | | or Jane Doe." The person filing the petition shall proceed with due |
|---|
| 40 | 40 | | diligence to discover the identity of the defendant and amend the |
|---|
| 41 | 41 | | petition by substituting the real name of the defendant for "John or |
|---|
| 42 | 42 | | Jane Doe" not later than the 30th day after the date that the |
|---|
| 43 | 43 | | defendant is identified to the plaintiff. The limitations period |
|---|
| 44 | 44 | | begins running again on the date that the petition is amended. |
|---|
| 45 | 45 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 46 | 46 | | to a cause of action that accrues on or after the effective date of |
|---|
| 47 | 47 | | this Act. A cause of action that accrues before the effective date |
|---|
| 48 | 48 | | of this Act is governed by the law in effect immediately before the |
|---|
| 49 | 49 | | effective date of this Act, and that law is continued in effect for |
|---|
| 50 | 50 | | that purpose. |
|---|
| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|