Texas Senate Bill SB113

Texas 2015 - 84th Regular

• Filed: 11/10/14

Caption

Relating to the statute of limitations for a suit for personal injury arising from certain offenses constituting sexual abuse of a child.

Impact

The implications of SB113 are significant, as it gives survivors extended time to seek justice in cases of child sexual abuse. By removing the five-year time limit on these claims, it acknowledges the complexities surrounding trauma and the often extended periods victims need to process their experiences. This legislative change may encourage more survivors to come forward, potentially leading to greater accountability for perpetrators and increased support for victims as they seek redress.

Summary

SB113 addresses the statute of limitations for personal injury claims resulting from certain offenses that constitute sexual abuse of a child. This bill amends the Civil Practice and Remedies Code to allow individuals to bring lawsuits at any time if the personal injury is due to specific criminal acts such as sexual assault or aggravated sexual assault against a child. The proposed changes aim to eliminate the existing five-year limitation period for particularly serious offenses, which advocates believe have historically hindered justice for victims who may not come forward immediately due to trauma or fear.

Contention

While the bill has garnered support from victim advocacy groups who argue it serves to better protect children and supports survivors, there are also concerns regarding the potential implications this could have on defendants and legal proceedings. Critics of the bill express worries about how extending the statute of limitations might complicate cases where evidence becomes less reliable over time, or where defendants may struggle to mount a defense due to the lapse of time. Balancing the rights of victims with the rights of defendants forms a central point of contention in the discussions surrounding SB113.