CHILD USA’S WEEKLY SOL UPDATE

CHILD USA’s Weekly SOL Update

July 24, 2020

Great news for child sex abuse statute of limitations reform this week!

In New Hampshire, Governor Sununu signed a new law eliminating the civil SOL that used to be capped at age 30, allowing survivors of sexual abuse to file civil claims whenever they are ready.

New Hampshire bill HB 705 bill eliminates the civil SOL for incest and sexual assault of minors and adults. It was signed into law on 7/20. New Hampshire is now one of 12 states that have no civil SOL for child sex abuse claims.

In 2020 there are now 7 states with new SOL reform laws for child sex abuse and 30 states and the Federal Government that have introduced legislation.

We’re still waiting on NY legislators and Governor Cuomo to pass the 1-year extension to the Child Victims Act window.

July 9, 2020

Some good news this week!

Massachusetts introduced an amazing SOL reform bill to do away with the civil SOL and revive all expired claims of child sex abuse and the U.S. Senate Judiciary Committee approved the EARN IT ACT to combat online child sex abuse imagery.

In other states the reforms are at a standstill, with the NY legislature holding back from presenting the 1-year extension to the CVA window to Governor Cuomo for his signature and the Hawaii House and Senate disagreeing on the provisions of criminal sex trafficking SOL and civil CSA SOL bills.

Passed out of Committee:
U.S. Congress: S 3398 Earn it Act of 2020 – Bill to add civil liability for internet providers for sexual exploitation of minors passed out of the Senate Judiciary Committee on July 2nd

Introduced:
Massachusetts: SD 2990 – Bill to eliminate the civil SOL for child sex abuse and revive all expired claims was introduced on July 2nd

July 2, 2020

The New Hampshire legislature passed a package of sexual assault reform bills, including a bill to eliminate the civil SOL for child sexual abuse and assault of adults. In Hawaii, a bill to extend the civil SOL for child sex abuse to age 68 is being prepared for a vote in the Senate.

Our SOL reform tally for 2020 is 6 states with new SOL laws for child sex abuse, 7 states where bills passed in the legislature, and 29 states and the federal government that introduced SOL reform bills!

In New York, we are still waiting for Governor Cuomo to sign off on the 1-year extension to New York’s revival window (SB 7082) into law.

Passed in Legislature:
New Hampshire: HB 705: a bill to eliminate the civil SOL for incest and sexual assault of minors and adults and removes barriers for suing the government. (Passed in House and Senate, June 30, 2020)

Hearings:
US Congress: Hearing on July 2nd in the Senate Judiciary Committee for the EARN IT Act of 2020 which would add civil liability for internet providers for sexual exploitation of minors (S 3398)

June 26, 2020

Some great SOL reform news this week!

Signed into Law:

Florida: Donna’s Law, a bill eliminating criminal SOL for CSA of 16 & 17 year olds became law (HB 199)

Passed Out of Committee:

Hawaii – HB 2573: a bill to eliminate the criminal SOL for sex trafficking of minors and adults and impose strict liability for soliciting minor for prostitution (Passed out of Senate Judiciary Comm. on June 23rd)

Hawaii – HB 2177: a bill to extend the civil SOL for CSA from age 26 to age 68 and allow recovery of punitive damages (Passed out of Senate Judiciary Comm. on June 23rd)

Introduced in Legislature:

New York – AB 10636: a bill to eliminate the criminal SOL for rape and criminal sexual act in the 2nd and 3rd degree against minors and adults

Hearings:

Hawaii – Hearings on June 23rd in the Senate Judiciary Committee for civil SOL extension (HB 2177) and criminal eliminate for sex trafficking (HB 2573)

US Congress – Hearing on June 24th in the Senate Judiciary Committee for the EARN IT Act of 2020 which would add civil liability for internet providers for sexual exploitation of minors (S 3398)

June 12, 2020

In 2020, despite significant disruption by Covid-19, 6 states have new SOL laws for child sex abuse, and 29 states and the federal government introduced SOL reform bills.

This week, a Colorado bill to eliminate the civil SOL that already passed in the House was introduced in the Senate.

All of Iowa’s pending bills for changes to the SOLs for child sex abuse missed the second funnel deadline and have failed this year.

In New York, we are still waiting for Governor Cuomo to approve the 1-year extension to the CVA window.

Colorado – bill eliminating civil SOL for child sex abuse claims that passed in the House was introduced in the Senate on 6/9 (HB 1296)

Iowa – all SOL reform bills for child sex abuse failed on 6/5 (SF 2037 civil elimination and 2-year window, SF 2038 criminal elimination, and SF 2375 criminal and civil elimination)

June 5, 2020

This week, the country was rightfully focused on the powerful protests for justice for the black community.

There has been some movement on child sex abuse reform and we wanted to share it with our community:

Unfortunately, SB 476 a bill to eliminate the civil SOL and revive expired claims for child sex abuse in Kansas failed in the Senate judiciary Committee.

On a brighter note, in New York, SB 7082, a 1-year extension to NY’s revival window is still awaiting Governor Cuomo’s approval.

May 29, 2020

SOL reform bills are starting to move through state legislatures again. In 2020 already, and despite significant disruption by COVID-19, 6 states have new SOL laws for child sex abuse, and 29 states and the federal government introduced SOL reform bills.

New York was successful in passing a 1-year extension to the child victims act revival window that is awaiting Governor Cuomo’s approval!

In Arizona there was progress on a criminal sex trafficking SOL bill and in Colorado a bill to eliminate the civil SOL for child sex abuse lawsuits passed in the House.

Passed in House and Senate – Awaiting Governor’s Approval

New York – bill extending the child victims act revival window for 1-year to be open until August 13, 2021 passed in the House and Senate on 5/27 (SB 7082)

Passed in House – Now moving to Senate

Colorado – bill eliminating civil SOL for child sex abuse claims passed in House on 5/27 (HB 1296)

May 1, 2020

Revival windows closing in 2020 ⏱️ If you are a survivor of child sexual abuse in one of these states, you have until the following dates to file suit. Visit. childusa.org/sol for more information on laws in your state.

The fourth new SOL law of 2020 was signed by the Governor of Utah this week! We’re at 4 new SOL laws, 5 bills passed in legislatures and 29 states and the federal government that introduced SOL reform for CSA in 2020.

Due to the Coronavirus (COVID-19) most states have suspended/postponed their legislative sessions. In the meantime, we urge the governor of Florida to sign the criminal SOL elimination bill HB 199 into law.

New Law – Signed by Governor
Utah: Bill with criminal SOL extension to age 28 for CSA of 16/17 year olds was signed into law on 3/28 (HB 247).

The fourth new SOL law of 2020 was signed by the Governor of Utah this week! We’re at 4 new SOL laws, 5 bills passed in legislatures and 29 states and the federal government that introduced SOL reform for CSA in 2020.

Due to the Coronavirus (COVID-19) most states have suspended/postponed their legislative sessions. In the meantime, we urge the governor of Florida to sign the criminal SOL elimination bill HB 199 into law.

New Law – Signed by Governor
Utah: Bill with criminal SOL extension to age 28 for CSA of 16/17 year olds was signed into law on 3/28 (HB 247).

The third new SOL law of 2020 was signed by the Governor of West Virginia this week! We’re at 3 new SOL laws, 5 bills passed in legislatures and 29 states and the federal government that introduced SOL reform for CSA in 2020. Due to the Cornonavirus (COVID-19) most states have suspended/postponed their legislative sessions. While we expect a temporary lull in new legislative activity, we urge the governors of FL and UT to sign the SOL bills on their desks into law.

New Law – Signed by Governor
West Virginia: Bill with civil SOL extension for CSA to age 36 was signed into law on 3/25 (HB 4559)

Passed in Legislature
Virginia: Bill with criminal SOL extension for misdemeanors from age 19 to 23 passed in the House and Senate on 3/19 (HB 298)
(this bill is identical the SB 724 which was already signed into law on 3/11)

Passed In House
Kentucky: Bill with civil SOL extension for CSA from age 21 to 28 and revival of claims against individuals and entities along with criminal SOL extension for misdemeanors from age 23 to 28, passed in the House on 3/19 (HB 47).

The second new SOL law of 2020 was signed by Indiana Governor Holcomb this week! Also, NJ introduced a new criminal elimination bill for sex trafficking. We’re at 2 new laws, 5 bills passed in legislatures and 29 states and the federal government that introduced SOL reform for CSA.

Coronavirus (COVID-19) is impacting state legislatures and according to NCSL, at least 19 legislatures (Alabama, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, New Hampshire, New York, Rhode Island, Vermont, and Wisconsin) already suspended/postponed legislative sessions.

This month’s SOL bill hearings that were scheduled in CA and NH have been cancelled until further notice.

New Law – Signed by Governor
Indiana: criminal extension bill for CSA retroactively extends SOL for 5 years from discovery of DNA, recording, or confession evidence and permits victims to apply for compensation was signed into law on 3/14 (SB 109)

Newly Introduced:
New Jersey: bill to eliminate criminal SOL for sex trafficking of minors and adults (AB 3741)

Failed Bills:
Florida: bill to eliminate criminal SOL for sex assault of minors and adults and extend DNA rule failed in Senate Criminal Justice Comm. on 3/14 (SB 892)
Mississippi: bill to eliminate criminal SOL for sex assault of minors and adults failed on 3/12 (HB 945)

After passing in House, did not pass in Senate.
Maryland: bill to eliminate civil SOL and open 1-year revival window (HB 974)

Update on legislature closures:
According to NCSL of March 20, 2020, at least 19 legislatures (Alabama, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, New Hampshire, New York, Rhode Island, Vermont, and Wisconsin)

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