Bill Text: AZ HB2466 | 2019 | Fifty-fourth Legislature 1st Regular | Chaptered
Bill Title: Civil action; assault; limitation; applicability
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-05-27 - Chapter 259 [HB2466 Detail]
Download: Arizona-2019-HB2466-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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CHAPTER 259
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HOUSE BILL 2466 |
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AN ACT
amending title 12, chapter 5, article 1, Arizona Revised Statutes, by adding section 12‑514; amending title 13, chapter 40, Arizona Revised Statutes, by adding section 13‑4443; relating to courts and civil proceedings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 12-514, to read:
12-514. Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; revived action after a criminal conviction; definitions
A. Notwithstanding sections 12‑505, 12‑511 and 12‑542, an action for the recovery of damages that is based on either of the following shall be commenced within twelve years after the plaintiff reaches eighteen years of age and not afterward:
1. An injury that a minor suffers as a result of another person's negligent or intentional act if that act is a cause of sexual conduct or sexual contact committed against the minor.
2. The failure to report pursuant to section 13‑3620 sexual conduct or sexual contact committed against a minor.
B. For the purposes of this section:
1. "Person" means an individual, the United States, this state or a public or private corporation, local government unit, public agency, partnership, association, firm, trust or estate or any other legal entity.
2. "Sexual conduct" means sexual conduct as proscribed by section 13‑1405.
3. "Sexual contact" has the same meaning prescribed in section 13‑1401.
Sec. 2. Title 13, chapter 40, Arizona Revised Statutes, is amended by adding section 13-4443, to read:
13-4443. Notice of available civil remedies
To preserve and protect the rights of crime victims to justice, due process and other rights established for victims, it is the policy of this state that, following the final disposition of any criminal proceeding, the court may notify the victim that civil remedies may be available pursuant to section 12‑514, if applicable.
Sec. 3. Applicability; definitions
A. Section 12-514, Arizona Revised Statutes, as added by this act, applies to any cause of action that either:
1. Is commenced on or after the effective date of this act.
2. Was filed before and remains pending on the effective date of this act.
B. Notwithstanding any other law, a cause of action for damages described in subsection A, paragraph 1 of this section that involves sexual conduct or sexual contact and that would be time barred under section 12‑514, Arizona Revised Statutes, as added by this act, or that would otherwise be time barred because of an applicable statute of limitations, a claim presentation deadline or the expiration of any other time limit is revived and may be commenced before December 31, 2020.
C. A cause of action revived pursuant to subsection B of this section may be brought against a person who was not the perpetrator of the sexual conduct or sexual contact if that person knew or otherwise had actual notice of any misconduct that creates an unreasonable risk of sexual conduct or sexual contact with a minor by an employee, a volunteer, a representative or an agent.
D. For a claim described in subsection B or C of this section, both of the following apply:
1. The plaintiff has the burden of proving the claim by clear and convincing evidence.
2. Punitive damages may not be awarded.
E. For the purposes of this section:
1. "Sexual conduct" means intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.
2. "Sexual contact":
(a) Means any direct touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object, or masturbation in the presence of a minor.
(b) Does not include direct or indirect touching or manipulating during caretaking responsibilities, or interactions with a minor that an objective, reasonable person would recognize as normal and reasonable under the circumstances.
Sec. 4. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
APPROVED BY THE GOVERNOR MAY 27, 2019.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 27, 2019.
