21.619.10 96th Legislative Session 585

2021 South Dakota Legislature

House Bill 1178

Introduced by: Representative Pourier

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.

26-10-25. No statute of limitations--Civil action for damages--Childhood sexual abuse.

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 abuseNo statute of limitations or statute of repose applies to a civil cause of action brought by any person for recovery of damages for an injury suffered by the person from any act of childhood sexual abuse.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.