SENATE BILL 91

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Mary Kay Papen and Elizabeth “Liz” Thomson

AN ACT

RELATING TO CIVIL ACTIONS FOR CHILDHOOD SEXUAL ABUSE; REMOVING LIMITATIONS FOR AN ACTION FOR DAMAGES BASED ON PERSONAL INJURY CAUSED BY CHILDHOOD SEXUAL ABUSE; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 37-1-30 NMSA 1978 (being Laws 1993, Chapter 136, Section 1, as amended) is amended to read:

     "37-1-30. ACTION FOR DAMAGES DUE TO CHILDHOOD SEXUAL ABUSE--NO LIMITATION ON ACTIONS.--

          A. An action for damages based on personal injury caused by childhood sexual abuse [shall be commenced by a person before the latest of the following dates:

                (1) the first instant of the person's twenty-fourth birthday; or

                (2) three years from the date of the time that a person knew or had reason to know of the childhood sexual abuse and that the childhood sexual abuse resulted in an injury to the person, as established by competent medical or psychological testimony] may be commenced at any time after the occurrence of the childhood sexual abuse, regardless of whether there has been a criminal prosecution for such offense.

          B. As used in this section, "childhood sexual abuse" means [behavior] conduct that, if prosecuted in a criminal matter, would constitute a violation of:

                (1) Section 30-9-11 NMSA 1978, regarding criminal sexual penetration of a minor;

                (2) Section 30-9-13 NMSA 1978, regarding criminal sexual contact of a minor; or

                (3) the Sexual Exploitation of Children Act."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 2 -