CHILD USA’S WEEKLY SOL UPDATE

CHILD USA’s Weekly SOL Update

April 9, 2021

This year we already have 2 states with new statute of limitations (SOL) reform laws for child sex abuse (AZ & KY) and 5 states with bills passed in the legislature. We also have 31 states with SOL bills introduced in 2021, including 16 to eliminate criminal SOLs, 16 to eliminate civil SOLs and 19 with revival/window bills. In Colorado, we are waiting on Governor Jared Polis to sign SB 73 into law to eliminate the civil SOL for sex assault of minors and adults. 

New SOL Law – Signed By Governor

None

SOL Bill Passed in Legislature

Iowa – bill adding a civil remedy with an SOL of age 19 for disclosure of private, sexually explicit images of minors without consent passed in the legislature (HF 233)

SOL Bills Passed in House or Senate

Pennsylvania – bill to open 2-year statutory window for expired CSA claims and remove government immunity passed in the House (HB 951)

SOL Bills Passed out of Committee

Hawaii –  bill to open 3-year revival window and extend civil SOL to age 68 with 5-year discovery rule passed out of Senate Judiciary and Ways and Means Committees (HB 570)

Hawaii – bill to eliminate criminal SOL for sex trafficking of minors and adults passed out of Senate Judiciary Committee (HB 887)

Tennessee – bill to eliminate the criminal SOL for felony sex trafficking of minors passed out of House Criminal Justice Subcommittee (HB 1302)

SOL Bills Introduced 

None

Upcoming SOL Bill Hearings

Tennessee – Hearing scheduled for April 14th in the House Criminal Justice Committee for bill to eliminate the criminal SOL for felony sex trafficking of minors (HB 1302)

April 2, 2021

We now have 4 states with bills passed in the legislature because Colorado passed SB 73 and we are just waiting on the Governor’s signature! We also have 31 states with statute of limitations reform bills for child sex abuse in 2021, including 16 to eliminate criminal SOLs, 16 to eliminate civil SOLs and 19 with revival/windows bills (thank you Louisiana)! 

New SOL Law – Signed By Governor

None

SOL Bill Passed in Legislature

Colorado  – law eliminating civil SOL for sexual assault of minors and adults (SB 73)

SOL Bills Passed out of Committee

Indiana – bill to extend criminal SOL perpetrated by an adult who was a minor when they committed the crime,  by adding 1-year DNA rule, confession, or recorded evidence (HB 1198) (passed out of the Senate on March 30)

Indiana – bill to eliminate the criminal SOL for Level 1 and 2 felony child molesting, vicarious sexual gratification, child seduction, and sexual misconduct with a minor.  (SB 197) (passed out of House Courts and Criminal Code Committee on March 31)

SOL Bills Introduced

Louisiana – bill to extend civil SOL from age 28 to age 53 with a 2-year revival window for any expired claims. (HB 492)

Upcoming SOL Bill Hearings

Hawaii – Hearing scheduled for April 6th in the Senate Judiciary Committee/Ways and Means for bill to extend the civil SOL from age 26 with a 3-year discovery rule to age 68 with a 5-year discovery rule and open another revival window until April 24, 2024. Would provide for recovery of treble damages against a legal entity that disregarded evidence of or failed to report prior sexual abuse. (HB 570) (Marci testifying)

Hawaii – Hearing scheduled for April 7th  in the Senate Judiciary Committee for bill to eliminate criminal SOL for sex trafficking of minors and adults (HB 887) (no testimony accepted)

Maine – Hearing scheduled for April 7th in the Joint Judiciary Committee for bill to open permanent revival windowfor all expired claims of CSA (LD 688)

Maine – Hearing scheduled for April 7th in the Joint Judiciary Committee for bill to exempt CSA claims from Maine Tort Claims Act and create a 2-year revival window (LD 589)

Tennessee – Hearing scheduled for April 7th in the Criminal Justice Subcommittee for bill to eliminate the criminal SOL for felony sex trafficking of minors (HB 1302)

March 26, 2021

Kentucky and Arizona have new SOL laws as of this week! Kentucky’s revival law for child sex abuse was the first and Arizona’s civil cause of action against perpetrators and enablers of sex trafficking is the second. We now have 2 states with new laws (AZ & KY) and 3 states with bills passed in the legislature (+PA) . We also have 30 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 16 to eliminate criminal SOLs, 16 to eliminate civil SOLs and 18 with revival/windows bills! 

With Kentucky’s new revival law our stats have changed – there are now 19 States, DC and Guam with revival laws for child sex abuse.

New SOL Law – Signed By Governor

Arizona – law adding civil liability for sex trafficking of minors and adults with no SOL was signed into law by Governor Ducey (HB 2116)

Kentucky – law temporarily reviving CSA claims that expired w/in the last 5 years, and extending criminal and civil SOLs was signed into law by Governor Beshear (HB 472)

SOL Bills Passed in Legislature

Pennsylvania – resolution to amend constitution to add 2-year revival window for expired CSA claims passed in the legislature (HB 14)

SOL Bills Passed out of Committee

Arizona – bill to eliminate criminal SOL for sex trafficking passed out of House Rules Committee (SB 1660)

Colorado – bill to eliminate civil SOL for sex assault of minors and adults passed out of the House Judiciary Committee (SB 73)

SOL Bills Introduced

Pennsylvania – introduced bill to remove government immunity for civil CSA claims (HB 951)

Upcoming SOL Bill Hearings

Hawaii – Hearing scheduled for March 30th in the Senate Judiciary Committee for bill to eliminate criminal SOL for sex trafficking of minors and adults (HB 887)

California – Hearing scheduled for April 5th in the Senate Appropriations Committee for bill to extend criminal SOL for distribution of private sexual imagery of minors (SB 23)

Indiana – Hearing scheduled for March 31st in the House Courts and Criminal Code Committee for bill to eliminate the criminal SOL for some CSA crimes (SB 197)

March 19, 2021

CHILD USA’s weekly update on legislation for children:

Kentucky is the first state to pass a revival window bill this year! We also have 30 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 16 to eliminate criminal SOLs, 15 to eliminate civil SOLs and 18 with revival/windows bills! Nevada is the newest state to join the movement with a permanent window bill and lots of bills are moving in state legislatures.

SOL Bills Passed in Legislature

Kentucky – revival for CSA claims time-barred w/in the last 5 years and civil and criminal SOL extension bill passed in the legislature, awaiting Governor Andy Beshear’s approval (HB 472)

ar’s approval (HB 472)

SOL Bills Passed in House/Senate

Iowa – bill to add crime of sexual abuse/exploitation by adult providing training instruction with an SOL of age 33 passed in Senate (SF 562)

SOL Bills Passed Out of Committee

California – bill to extend criminal SOL for distribution of private sexual imagery of minors passed out of Senate Public Safety Committee (SB 23)

Pennsylvania – bill for emergency constitutional amendment for 2-year revival window for CSA passed out of Senate Judiciary Committee (HB 14)

SOL Bills Introduced

Maine – introduced bill to open 2-year revival window for expired CSA claims (LD 589)

Michigan – introduced bill to extend criminal SOL for CSA and trafficking (HB 4493)

Minnesota – introduced bill to extend criminal SOL for surreptitious recording of minor with sexual intent (HF 2050)

Nevada – introduced bill to open permanent revival window for CSA and eliminate civil SOL (SB 203)

Pennsylvania – introduced bills to open 2-year revival window for CSA and eliminate civil SOL (SB 406 & SB 407)

SOL Bill Hearings

Colorado – hearing scheduled for March 23rd in the House Judiciary Committee for SB 73, bill to eliminate the civil SOL for sex assault of minors and adults

Nevada – hearing scheduled for March 23rd in the Senate Judiciary Committee for SB 203, bill to open permanent revival window for CSA and eliminate civil SOL

SOL Bills Failed

Arkansas –  bill to eliminate criminal SOL for more CSA felonies was withdrawn by sponsor (SB 28)

Pennsylvania – bill for emergency constitutional amendment for 2-year revival window for CSA failed in the House (HB 881)

March 12, 2021

CHILD USA’s weekly update on legislation for children:

We’re already at 30 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 16 to eliminate criminal SOLs, 13 to eliminate civil SOLs and 17 with revival/windows bills! Maine is the newest state to join the movement with a permanent window bill and lots of bills are moving in state legislatures.

SOL Bills Passed in House/Senate

Georgia – bill to open 1-year revival window for abuse after 1988 and extend civil SOL to age 38 with 4 years discovery rule passed in the House (HB 109)

Hawaii – bill to open 3-year revival window and extend civil SOL to age 68 with 5-year discovery rule passed in the House (HB 570)

Hawaii – bill to extend civil SOL to age 68 passed in the Senate (SB 163)

Hawaii – bill to eliminate criminal SOL for sex trafficking of minors and adults passed in the House (HB 887)

Kentucky – bill to revive previously expired claims and extend criminal SOL and civil SOLs to age 28 or 10 years from discovery passed in the House (HB 472)

Oklahoma – bill to open 5-year revival window for CSA and eliminate/extend civil SOL passed in the House (HB 1002)

Tennessee – bill to eliminate criminal SOL for sex trafficking of minors passed in the Senate (SB 1115)

 SOL Bills Passed out of Committee

Colorado –bill to create a new cause of action for sexual misconduct against minors with no SOL that applies retroactively passed out of Senate Judiciary Committee (SB 88)

Indiana – bill to extend criminal SOL for CSA with a discovery rule passed out of Senate Corrections and Criminal Law Committee (HB 1198)

Iowa –bill to open a 3-year revival window, and eliminate the criminal and civil SOLs for CSA and trafficking passed out of Senate Judiciary Committee (SF 572)

Iowa – bill to add crime of sexual abuse/exploitation by adult providing training instruction with an SOL of age 33 passed out of Senate Judiciary Committee  (SF 562)

Minnesota – bill to eliminate criminal SOL for CSA and trafficking passed out of the House Public Safety and Criminal Justice Committee (HF 1121)

New Mexico – bill to extend criminal SOL for CSA passed out of the Senate Health and Public Affairs Committee (SB 310)

SOL Bills Introduced

Iowa – introduced bill to open a 3-year revival window, and eliminate the criminal and civil SOLs for CSA and trafficking (SF 572)

Iowa – introduced bill to add crime of sexual abuse/exploitation by adult providing training instruction with an SOL of age 33 (SF 562 & SF 372)

Maine – introduced bill to open a permanent revival window for all expired CSA claims (LD 688)

Rhode Island – introduced bill to clarify revival up to age 53 revives claims against criminally liable non-perpetrator individuals and institutions (SB 514)

Upcoming Hearings for SOL Bills

Arizona – Hearing scheduled for March 17th in the House Judiciary Committee for SB 1660, bill to eliminate criminal SOL for child sex trafficking

California – Hearing scheduled for March 16th in the Senate Public Safety Committee for SB 23, bill to extend criminal SOL for distribution of private sexual imagery of minors 

Colorado – Hearing scheduled for March 17th in the House Judiciary Committee for SB 73, bill to eliminate the civil SOL for sex assault of minors and adults

Maine – Hearing scheduled for March 17th in the Joint Judiciary Committee for LD 688, bill to open a permanent revival window for all expired CSA claims

March 5, 2021

CHILD USA’s weekly update on legislation for children:

We’re already at 29 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 16 to eliminate criminal SOLs, 13 to eliminate civil SOLs and 16 with revival/windows bills! 

The 2021 SOL Tracker is up to date at www.childusa.org/2021sol

SOL Bills Passed in House/Senate

Arizona – bill to eliminate criminal SOL for child sex trafficking passed in the Senate (SB 1660)

Colorado – bill to eliminate the civil SOL for sex assault of minors and adults passed 33-0 in the Senate (SB 73)

Missouri – bill to shorten the civil SOL for personal injury claims related to CSA against institutions from age 26 to age 23 passed in the House (HB 922)

SOL Bills Passed out of Committee

Hawaii – bill to open 3-year window and extend civil SOL from age 26 or 3 years from discovery to age 68 with 5-year discovery rule passed out of House Finance Committee (HB 570)

Kentucky – bill to extend criminal SOL, and civil SOL to age 28 or 10 years from discovery, and revive previously expired claims passed out of House Judiciary Committee (HB 472)

Tennessee – bill to eliminate criminal SOL for sex trafficking of minors passed out of Senate Judiciary Committee (SB 1115

SOL Bills Introduced

California – introduced bill to add civil cause of action for online exploitation of minors and adults, with an SOL of age 28 or 6 years from discovery and statutory damages for websites and others that do not remove the imagery after notice (SB 435)

New York – introduced bill to eliminate criminal SOL for CSA felonies (AB 5754)

Upcoming Hearings for SOL Bills

Indiana – Hearing scheduled for March 9th in the Senate Corrections and CJ Committee for criminal SOL extension bill adding 1-year for discovery of DNA, confession or recording evidence (HB 1198)

Colorado – Hearing scheduled for March 11th in the Senate for bill to create a new cause of action for sexual misconduct against minors with no SOL that applies retroactively (SB 88)

February 26, 2021

CHILD USA’s weekly update on legislation for children:

The 2021 SOL Tracker is up to date at www.childusa.org/2021sol

We’re already at 29 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 16 to eliminate criminal SOLs, 13 to eliminate civil SOLs and 16 with revival/windows bills – Kansas, Michigan and Rhode Island introduced new revival laws this week! 

SOL Bills Passed in House/Senate

New Mexico – bill passed in House eliminating criminal SOL for sex trafficking of minors and adults (AB 3741)

SOL Bills Passed out of Committee

Arizona – bill to eliminate criminal SOL for child sex trafficking passed out of Senate Judiciary Committee (SB 1660)

Colorado – bill to eliminate the civil SOL for sex assault of minors and adults passed out of Senate Health and Human Services Committee (SB 73)

Georgia – bill to open 1-year revival window and extend civil SOL from age 23 to age 52 passed out of House Judiciary Committee (HB 109)

Iowa – bill to extend criminal SOLs for CSA from age 33 to age 48 passed out of House Judiciary Subcommittee (HF 225)

SOL Bills Introduced

Iowa – introduced bill to eliminate criminal SOLs for CSA and exploitation felonies (HB 566)

Kansas – introduced bill to open permanent revival window for post 1992 CSA and eliminate civil SOL (SB 271) 

Michigan – introduced bill to open 1-year revival window for sexual assault of minors and adults by physician and extend civil SOL (HB 4306)

Rhode Island – introduced bill to clarify revival up to age 53 revives against criminally liable non-perpetrator individuals and institutions (H 5725)

Upcoming Hearings for SOL Bills

Tennessee: Hearing scheduled for March 2nd for bill to eliminate criminal SOL for sex trafficking of minors (HB 1115)

Maryland – Hearing scheduled for March 11th for bill to open 2-year window and eliminate civil SOL (HB 263)

California – Hearing scheduled for March 16th for bill to extend criminal SOL for distribution of private sexual imagery of minors (SB 23)

SOL Bills Deferred/Failed

Hawaii – bills to eliminate criminal SOL for sex trafficking were deferred by House and Senate Judiciary Committees (HB 568 & SB 48)

South Dakota – bills to open a revival window and eliminate civil SOL for CSA were deferred by House Judiciary Committee (HB 1181 & HB 1178)

February 19, 2021

CHILD USA’s weekly update on legislation for children:

The 2021 SOL Summary is up to date at www.childusa.org/2021sol

We’re already at 26 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 16 to eliminate criminal SOLs, 11 to eliminate civil SOLs and 13 with revival/windows bills – GA, HI, IN, IA, KY, MA, MD, MN, NY, ND, OK, PA, and RI!

SOL Bills Passed in House/Senate

Indiana – bill passed in Senate eliminating criminal SOL for some child sex abuse crimes (SB 197)

 SOL Bills Passed out of Committee

Iowa – bill to add criminal liability for disclosure of sexually explicit images without consent with an SOL of age 19 passed out of Senate Judiciary Committee (SF 324)

Oklahoma –bill to open 5-year revival window for expired claims and eliminate civil SOL against perpetrators and extend to age 48 or 5 years from discovery against institutions passed out of House Judiciary Committee (HB 1002)

 SOL Bills Introduced

Colorado – introduced bills to eliminate the civil SOL for sex assault of minors and adults and to create a new cause of action for sexual misconduct against minors with no SOL that applies retroactively (SB 21 & SB 73)

Minnesota – introduced bill to eliminate criminal SOL for CSA and sex trafficking felonies (HF 1121)

Nevada – introduced bill to eliminate criminal SOL for sex trafficking of minors and adults (AB 113)

 Upcoming Hearings for SOL Bills

Maryland – Hearing scheduled for March 11th for bill to open 2-year window and eliminate civil SOL (HB 263)

February 12, 2021

CHILD USA’s weekly update on legislation for children:

The 2021 SOL Summary is up to date at https://childusa.org/2021sol/

We’re already at 21 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 13 to eliminate criminal SOLs, 7 to eliminate civil SOLs and 10 with revival/windows bills – GA, HI, IN, IA, MA, MD, NY, NY, PA and RI!

Here are this week’s updates:

SOL Bills Passed in House/Senate

Indiana – bill passed in House extending criminal SOL for CSA crimes by adding a 1-year from discovery of DNA or other evidence for prosecution (HB 1198)

Iowa –  bill passed in House adding criminal liability for disclosure of sexually explicit images without consent with an SOL of age 19 (HF 233)

SOL Bills Passed out of Committee

Hawaii – bills to extend the civil SOL to age 68 and open a 3-year window passed out of committees (HB 570 & SB 163)

Indiana – bill to eliminate criminal SOL for some CSA felonies passed out of committee (SB 197)

SOL Bills Introduced

Iowa – introduced bill to extend criminal SOL for CSA and trafficking from age 28 to age 33 (HF 449)

Iowa – introduced bill to add criminal liability for disclosure of sexually explicit images without consent with an SOL of age 19 (SF 324)

Kentucky – introduced bill to extend civil SOL to age 28, 10 years from discovery for institutions and revive some previously expired claims (HB 472)

Minnesota – introduced bill to eliminate civil SOL for CSA by peace officer and open a 5-year window for expired claims (HF 717)

New York – introduced bill to eliminate criminal and civil SOLs for CSA (AB 4725)

Oklahoma – introduced bill to extend criminal SOL for sex trafficking from 3-years after offense to 3-years after reported to law enforcement (SB 974)

Tennessee – introduced bills to eliminate criminal SOL for sex trafficking of minors (SB 1115 & HB 1302) 

SOL Bills That Failed

North Dakota – 3 bills to extend criminal and civil SOLs and open a 2-year revival window failed in the House Judiciary Committee 2/11 (HB 1382, HB 1384, HB 1387)

Upcoming Hearings for SOL Bills

Georgia – Hearing scheduled for February 16th for bill to open 1-year window and extend civil SOL from age 23 to age 38 (HB 109)

Maryland – Hearing scheduled for March 11th for bill to open 2-year window and eliminate civil SOL (HB 263)

New Mexico – Hearing scheduled for February 13th for bill to eliminate criminal SOL for sex trafficking of minors and adults (HB 56)

February 5, 2021

CHILD USA’s weekly update on legislation for children:

The 2021 SOL Summary is up to date at https://childusa.org/2021sol/

 We’re already at 21 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 13 to eliminate criminal SOLs, 7 to eliminate civil SOLs and 10 with revival/windows bills – GA, HI, IN, IA, MA, MD, NY, NY, PA and RI! 

Here are this week’s updates:

SOL Bills Passed out of Committee

Hawaii – bills to extend the civil SOL to age 68 and open a 3-year window, and to eliminate the criminal SOL for sex trafficking passed out of committees (HB 570, SB 48, & SB 753)

SOL Bills Introduced

Arizona – introduced bill to eliminate the criminal SOL for child sex trafficking (SB 1660)

Arkansas – introduced bill to add the crime of capital rape of minors under age 14, with no SOL for criminal prosecution (SB 284)

Florida – introduced bill to eliminate the civil SOL for sex offenses against minors and adults (SB 946)

Iowa – introduced bill to extend the criminal SOL for CSA from age 33 to age 48 and bill to add civil liability for disclosure of explicit images of minors with an SOL of age 19 (HF 225 & HF 233)

Minnesota – introduced bill to eliminate the criminal SOL for felony CSA and sex trafficking (SB 515)

Missouri – introduced bill to reduce the general personal injury SOL from 5 to 2 years. This would have the unintended consequence of shortening the civil SOL for CSA against non-perpetrators from age 26 to age 23 (HB 922)

New Mexico – introduced bill to extend criminal SOL for some felony CSA crimes to age 30/35 (SB 310)

Hearings for SOL Bills

Missouri – Hearing scheduled for February 8th for bill to shorten the personal injury SOL and shorten the civil SOL for CSA against non-perpetrators from age 26 to age 23 (SB 3)

SOL Bills That Failed

Mississippi – 4 bills to eliminate the criminal SOL for sexual battery of minors and adults died in the House and Senate Judiciary Committees on 2/2 (HB 75, HB 836, SB 2029 & SB 2013)

January 29, 2021

CHILD USA’s weekly update on legislation for children:

We’re already at 19 states with statute of limitations (SOL) reform bills for child sex abuse in 2021, including 11 to eliminate criminal SOLs, 7 to eliminate civil SOLs and 10 with revival/windows bills – GA, HI, IN, IA, MA, MD, NY, NY, PA and RI! 

 

SOL Bill Passed in House/Senate

Pennsylvania – HB 14 a joint resolution to amend the PA constitution to open a 2-year revival window for CSA passed in the House on January 27th

SOL Bills Introduced

Connecticut – introduced bill to eliminate the civil SOL for abuse of victims under age 21 and extend the criminal SOL for mandated reporter failing to report CSA (SB 535 & HB 5925)

Georgia – reintroduced a bill that passed in the House last session to open a 1-year window against all defendants and extend the civil SOL from age 23 or 2 years from discovery to age 38 or 4 years from discovery of the harm (HB 109)

Hawaii – introduced many bills opening another revival window, extending the civil SOL from age 26 to age 68 and eliminating the criminal SOL for sex trafficking of minors and adults (HB 570, SB 833, SB 163, HB 568, SB 831, SB 48, SB 381, SB 753, SB 1041, & HB 887)

Massachusetts – introduced bills to revive claims against non-perpetrators if the perpetrator is deceased, eliminate criminal SOLs for some CSA crimes, and extend the civil SOL for civil rights violations for sexual assault from age 21 to age 53 (HD 332 & SD 83)

Missouri – introduced bills to eliminate the criminal SOL for CSA and to reduce the general personal injury SOL from 5 to 2 years. This would have the unintended consequence of shortening the civil SOL for CSA against non-perpetrators from age 26 to age 23 (SB 425 & HB 855)

New York – introduced the Child Sex Abuse Reform Act to eliminate the criminal SOL for CSA and open a 3-year revival window (A 3210)

Rhode Island – introduced SOL bill to expand SOL definition of perpetrator to include persons or entities that aided the abuser, reviving claims against them until age 53 (H 5143)

Hearings for SOL Bills:

Maryland – Hearing scheduled for February 2nd for SB 134 – bill to eliminate civil SOL and open a 2-year revival window for CSA. 

North Dakota – Hearing scheduled for February 3rd for HB 1382 & HB 1384 – bills to open a 2-year revival window for CSA and extend SOL. 

Pennsylvania – Hearing scheduled for February 1st for SB 8 and HB 14 – joint resolutions to amend the PA constitution to open a 2-year revival window for CSA

Major thumbs up to PA for passing the revival window resolution. Thumbs up to all these states including MO for their crim elim bill and thumbs down for MO for shortening civil SOL.

January 22, 2021

CHILD USA’s weekly update on legislation for children:

We’re already at 15 states with SOL reform bills in 2021, including 8 to eliminate criminal SOLs, 5 to eliminate civil SOLs, and 5 with revival windows – Indiana, Iowa, Maryland, North Dakota and Pennsylvania!

SOL Bills Introduced this week:

Arkansas – introduced bill to eliminate the criminal SOL for more CSA felonies (SB 28)

Georgia – introduced bill to eliminate the criminal SOL for more sex abuse crimes against minors and adults (SB 18)

Indiana – introduced bills to extend and eliminate the criminal SOL for more CSA felonies (SB 197 & HB 1198)

Iowa – introduced bill to extend the criminal SOL for CSA and trafficking from age 28 to age 33 (SF 76)

Mississippi – introduced another bill to eliminate the criminal SOL for any sexual battery of minors and adults (HB 836)

North Dakota – introduced bills to open a 2-year revival window for expired CSA claims, broaden the discovery rule for civil claims, and extend the criminal SOL for CSA offenses (HB 1382, HB 1384, & HB1387)

January 15, 2021

CHILD USA’s weekly highlights in legislation for children:

We’re already at 12 states with child sex abuse SOL reform bills in 2021, including 5 to eliminate civil SOLs and 4 with revival windows – Indiana, Iowa, Maryland and Pennsylvania!

Thumbs up:

California – reintroduced a criminal extension bill for misdemeanor distribution of explicit images, extending 1-year SOL to 1-year from discovery of the images with an upper limit of 15 years from distribution. The bill was supposed to have a hearing last spring but was disrupted by Covid closures. (SB 23).

Florida – prefiled legislation to eliminate civil SOL. (HB 23).

Indiana – reintroduced bill like VT law to eliminate the civil SOL and open permanent revival window, with exception for health facilities. (SB 135).

Iowa – introduced bills to eliminate the age 28-33 criminal and age 19 civil SOLs and open a 3-year window (SF 32 & SF 33)

Maryland – introduced bills to eliminate the age 38 civil SOL and open a 2-year window. Hearing on 2/2. (SB 134 & HB 263).

Mississippi – introduced bills to eliminate the criminal SOL for sexual battery of minors and adults (HB 75, SB 2029 & SB 2013)

New Jersey – has civil elimination and criminal extension and elimination bills still pending from last year. (AB 386, SB 1268, & AB 3741)

New Mexico – prefiled bill to eliminate criminal SOL for sex trafficking (HB 56)

New York – Sen. Brad Hoylman introduced bill to broaden crime of rape to include oral and anal sexual contact which would eliminate criminal SOL for first degree and extend criminal SOL for second degrees of that contact (S 1075); Rep. Linda Rosenthal introduced a criminal elimination bill for many child sex abuse crimes. (AB 618).

Pennsylvania – introduced a joint resolution to amend the PA constitution to open a 2-year window (HB 14)

South Carolina – prefiled bill to extend civil SOL from age 27 with 3-year discovery rule to age 55 with 5-year discovery rule. (SB 75).

Thumbs down:

Missouri – prefiled a bill that would reduce the general personal injury SOL from 5 to 2 years. This would have the unintended consequence of shortening the civil SOL for CSA against non-perpetrators from age 26 to age 23. The same bill was introduced in the two prior sessions but did not pass. (SB 3).

November 27, 2020

Recent highlights in legislation for children include Pennsylvania HB1984 and Hawaii HB2425!

 

Until Oct 2020, Pennsylvania women & girls who became pregnant as a result of rape and gave birth to the child were required to find another person – commonly interpreted as a “replacement man” – willing to adopt the child before the legal parental rights of the rapist could be terminated. This meant that without a “contemplated adoption” in place rape victims were forced to share child custody with their proven rapists.
Thanks to a brave child victim – who was herself a victim of incest – coming forward with her attorney and lobbying to reform the law, Pennsylvania passed HB1984 (Benninghoff) into law and closed this archaic loophole in the state’s Adoption Act. Read more https://www.buckscountycouriertimes.com/…/5977478002/
Hawaii recently adopted HB2425 to add “coercive control” language into their statute, amending the definition of “domestic abuse” under Hawaii’s insurance laws and laws relating to domestic abuse protective orders to include coercive control between family or household members.
This is an important step forward for better protecting children from abuse within families, where it most commonly occurs, and for those children subject to custody adjudications.

October 9, 2020

Unfortunately, there are no updates regarding child sex abuse statutes of limitation to report.

On the bright side – US Congress passed the Empowering Olympic, Paralympic, & Amateur Athletes Act! ? It awaits signature by the President.

The bill was introduced by Senator Richard Blumenthal

and Senator Jerry Moran. If signed into law, it will help safeguard athletes from abuse, including sexual abuse.

October 2, 2020

Unfortunately there was no movement on SOL CSA bills this week.

In other SOL news:

CA – Governor signed law opening a revival window for adults sexually assaulted at University of California medical clinics.
https://www.gov.ca.gov/…/governor-newsom-signs…/

FL – Florida Supreme Court ruled that the 4-year SOL for CSA claims of negligence and vicarious liability begins to run from the time of abuse and is not tolled until a child reaches the age of majority or discovers the abuse.
https://www.orlandoweekly.com/…/florida-supreme-court…

September 25, 2020

This week’s update on child sex abuse statute of limitations reform:

Michigan is eager for SOL reform! This week legislators introduced another round of even better SOL bills that would benefit all survivors of minor and adult sexual abuse in Michigan. The Survivors Empowered package would extend the civil SOL for CSA from age 28 to age 48, extend the discovery rule for all sexual abuse, and open a revival window for all expired claims of sexual abuse – including for survivors abused as adults.

Also, in New Hampshire, a bill that was being studied to remove the time limit for prosecuting sex crimes was recommend for future legislation by the committee 10-1.

In 2020 we are now at 8 states with new SOL reform laws for CSA and 30 states and the federal government that introduced bills.

Introduced Bills:

Michigan: HB 6237 – A bill to open a 2-year revival window, extend the SOL to age 48, 7 years from discovery or 10 years from abuse and eliminate the SOL if perpetrator is convicted.

Michigan: HB 6253 – A bill to exempt sex abuse lawsuits against the state from the 1-year notice of claim requirement.

September 18, 2020

This week’s update on child sex abuse statute of limitations reform:

Michigan is eager for SOL reform! This week legislators introduced another round of even better SOL bills that would benefit all survivors of minor and adult sexual abuse in Michigan. The Survivors Empowered package would extend the civil SOL for CSA from age 28 to age 48, extend the discovery rule for all sexual abuse, and open a revival window for all expired claims of sexual abuse – including for survivors abused as adults.

Also, in New Hampshire, a bill that was being studied to remove the time limit for prosecuting sex crimes was recommend for future legislation by the committee 10-1.

In 2020 we are now at 8 states with new SOL reform laws for CSA and 30 states and the federal government that introduced bills.

Introduced Bills:

Michigan: HB 6237 – A bill to open a 2-year revival window, extend the SOL to age 48, 7 years from discovery or 10 years from abuse and eliminate the SOL if perpetrator is convicted.

Michigan: HB 6253 – A bill to exempt sex abuse lawsuits against the state from the 1-year notice of claim requirement.

September 11, 2020

CHILD USA’s weekly child sex abuse reform update:

Due to the extension of the Child Victims Act in New York, 4,346 lawsuits have been filed so far!

Disappointingly, USAG Bankruptcy prevented Olympic gymnast Terin Humphrey from joining because she was mere months beyond the “bar date,” even though her claims are in statute in Virginia.

August 28, 2020

Unfortunately, there are no updates regarding child sex abuse statutes of limitation to report.

To learn more about the laws in your state, visit https://childusa.org/2020sol/.

August 21, 2020

August 14, 2020

This week’s update on child sex abuse statute of limitations reform:

Nebraska is now the 8th state to adopt a new SOL reform law for child sex abuse in 2020! Nebraska Governor Ricketts approved a law that criminalizes sex abuse of 16-18 year old students by teachers and coaches and extends the SOL for failure to report.

The New SOL Law:
Nebraska: LB 881 – A bill adding the crimes of sexual assault and sexual contact of a student age 16-18 by a school employee and extending the SOL for failure to report child abuse or neglect to age 19½ was signed into law on August 7, 2020.

In 2020 we are now at 8 states with new SOL reform laws for CSA and 30 states and the federal government that introduced bills.

August 7, 2020

This was a great week for child sex abuse statute of limitations reform!

In New York, the Child Victims Act window was extended for another year giving survivors more time to access justice. Also, in Nebraska a bill is on Governor Ricketts’ desk for approval that criminalizes sex abuse of 16 -18 year old students by teachers and coaches and extends the SOL for failure to report. So far in 2020, there are 7 states with new SOL reform laws for child sex abuse, 8 states that bills passed in their legislatures and 30 states and the federal government that introduced bills.

New SOL Law:
New York; SB 7082- A bill extending the revival window for time-barred child sex abuse claims from 1-year to 2 years leaving it open until August 14, 2020 was signed into law on August 3, 2020.

Passed in Legislature:
Nebraska; LB 881 – A bill adding the crimes of sexual assault and sexual contact of a student age 16-18 by a school employee and extending the SOL for failure to report child abuse or neglect to age 19½ passed in the legislature on August 3, 2020.

July 31, 2020

We have no updates to report on child sex abuse statutes of limitation reform this week.

So far, 3,118 cases have been brought against predators in New York thanks to the Child Victim’s Act. We urge Gov. Cuomo to sign another extension on the bill, as court proceedings have slowed to due to COVID. Florida celebrated their tenth anniversary of eliminating its civil SOL.

Learn more at childusa.org/sol!

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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