State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

781T0309   HOUSE BILL   NO.  1218  

Introduced by:    Representatives Hickey, Blake, Deelstra, Elliott, Fargen, Feinstein, Gibson, Greenfield, Haggar, Hubbel, Iron Cloud III, Jensen, Killer, Kirschman, Kopp, Liss, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Olson (Betty), Schaefer, Stricherz, Tulson, Van Gerpen, Venner, and Willadsen and Senators Nygaard, Begalka, Buhl, and Frerichs
 

        FOR AN ACT ENTITLED, An Act to rescind the statute of limitations for any civil cause of action arising out of childhood sexual abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 26-10-25 be amended to read as follows:
    26-10-25. Any civil action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within three years of the act alleged to have caused the injury or condition, or three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act, whichever period expires later. However, no person who has reached the age of forty years may recover damages from any person or entity other than the person who perpetrated the actual act of sexual abuse. No statute of limitations applies to a civil cause of action based on intentional conduct and brought by any person for recovery of damages for an injury suffered by the person from any act of childhood sexual abuse.


180 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.063 per page.
 
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Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.