| 1 | 1 | | LRB-2455/1 |
|---|
| 2 | 2 | | CMH:cdc |
|---|
| 3 | 3 | | 2023 - 2024 LEGISLATURE |
|---|
| 4 | 4 | | 2023 SENATE BILL 302 |
|---|
| 5 | 5 | | May 18, 2023 - Introduced by Senators JAMES, AGARD, TAYLOR, FEYEN, HUTTON, |
|---|
| 6 | 6 | | ROYS, SMITH, SPREITZER and LARSON, cosponsored by Representatives |
|---|
| 7 | 7 | | GUNDRUM, BILLINGS, ANDRACA, BINSFELD, CONLEY, DITTRICH, EDMING, JOERS, |
|---|
| 8 | 8 | | MAXEY, OHNSTAD, PALMERI, RETTINGER, ROZAR, SINICKI, STUBBS and SUBECK. |
|---|
| 9 | 9 | | Referred to Committee on Mental Health, Substance Abuse Prevention, |
|---|
| 10 | 10 | | Children and Families. |
|---|
| 11 | 11 | | ***AUTHORS SUBJECT TO CHANGE*** |
|---|
| 12 | 12 | | AN ACT to renumber and amend 893.587; to amend 893.587 (title); and to |
|---|
| 13 | 13 | | create 893.587 (1) of the statutes; relating to: the statute of limitations for |
|---|
| 14 | 14 | | sexual contact with a child. |
|---|
| 15 | 15 | | Analysis by the Legislative Reference Bureau |
|---|
| 16 | 16 | | Under current law, a person may bring a civil action for injury resulting from |
|---|
| 17 | 17 | | being sexually assaulted or subject to incest as a child, or from being subject to sexual |
|---|
| 18 | 18 | | contact by a member of the clergy as a child, at any time before the injured party |
|---|
| 19 | 19 | | reaches the age of 35. |
|---|
| 20 | 20 | | This bill increases the time limit for bringing those actions to any time before |
|---|
| 21 | 21 | | the injured party reaches the age of 45. In addition, the bill applies this time period |
|---|
| 22 | 22 | | to a broader range of actions. Under the bill, the new time limit applies to any action |
|---|
| 23 | 23 | | for injury resulting from being subject, as a child, to any sexual contact by an adult |
|---|
| 24 | 24 | | or by an adult member of the clergy. |
|---|
| 25 | 25 | | The people of the state of Wisconsin, represented in senate and assembly, do |
|---|
| 26 | 26 | | enact as follows: |
|---|
| 27 | 27 | | SECTION 1. 893.587 (title) of the statutes is amended to read: |
|---|
| 28 | 28 | | 893.587 (title) Sexual assault of contact with a child; limitation. |
|---|
| 29 | 29 | | 1 |
|---|
| 30 | 30 | | 2 |
|---|
| 31 | 31 | | 3 |
|---|
| 32 | 32 | | 4 |
|---|
| 33 | 33 | | 5 - 2 -2023 - 2024 Legislature LRB-2455/1 |
|---|
| 34 | 34 | | CMH:cdc |
|---|
| 35 | 35 | | SECTION 2 SENATE BILL 302 |
|---|
| 36 | 36 | | SECTION 2. 893.587 of the statutes is renumbered 893.587 (2) and amended to |
|---|
| 37 | 37 | | read: |
|---|
| 38 | 38 | | 893.587 (2) An action to recover damages against any person for injury caused |
|---|
| 39 | 39 | | by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or |
|---|
| 40 | 40 | | 948.095 an adult's sexual contact with anyone under the age of 18 or by an act |
|---|
| 41 | 41 | | committed by an adult that would create a cause of action under s. 895.442 shall be |
|---|
| 42 | 42 | | commenced before the injured party reaches the age of 35 45 years or be barred. |
|---|
| 43 | 43 | | SECTION 3. 893.587 (1) of the statutes is created to read: |
|---|
| 44 | 44 | | 893.587 (1) In this section: |
|---|
| 45 | 45 | | (a) “Person" means an individual, corporation, business trust, estate, trust, |
|---|
| 46 | 46 | | partnership, limited liability company, association, joint venture, or government; |
|---|
| 47 | 47 | | governmental subdivision, agency, or instrumentality; public corporation; or any |
|---|
| 48 | 48 | | other legal or commercial entity. |
|---|
| 49 | 49 | | (b) “Sexual contact" has the meaning given in s. 940.225 (5) (b). |
|---|
| 50 | 50 | | (END) |
|---|
| 51 | 51 | | 1 |
|---|
| 52 | 52 | | 2 |
|---|
| 53 | 53 | | 3 |
|---|
| 54 | 54 | | 4 |
|---|
| 55 | 55 | | 5 |
|---|
| 56 | 56 | | 6 |
|---|
| 57 | 57 | | 7 |
|---|
| 58 | 58 | | 8 |
|---|
| 59 | 59 | | 9 |
|---|
| 60 | 60 | | 10 |
|---|
| 61 | 61 | | 11 |
|---|
| 62 | 62 | | 12 |
|---|
| 63 | 63 | | 13 |
|---|
| 64 | 64 | | 14 |
|---|
| 65 | 65 | | 15 |
|---|