Bill Text: AZ SB1292 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Civil actions; time limits; crimes
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2010-02-22 - Referred to Senate RULES Committee [SB1292 Detail]
Download: Arizona-2010-SB1292-Introduced.html
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REFERENCE TITLE: civil actions; time limits; crimes |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1292 |
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Introduced by Senators Aguirre, Burton Cahill: Aboud, Lopez, McCune Davis
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AN ACT
amending title 12, chapter 5, article 1, Arizona Revised Statutes, by adding section 12-512; relating to limitations of actions.
(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 12-512, to read:
12-512. Civil action arising from sexual offenses; application; certificate of merit
A. Notwithstanding any law to the contrary, an action for recovery of damages based on physical, psychological or other injury or condition suffered as a result of the direct conduct of another committed against a minor, which would constitute a violation of title 13, chapter 14 or 35.1, incest pursuant to section 13-3608 or an offense that was in effect before the effective date of this section and that, if committed on or after the effective date of this section, has the same elements of an offense listed in this section, may be commenced at any time.
B. Any cause of action that is barred as of the effective date of this section because the applicable period of limitation has expired is revived and an action may be commenced within one year after the effective date of this section.
C. Any cause of action brought pursuant to subsection B of this section may only be commenced for conduct that was committed against the minor thirty-five years or less before the effective date of this section or commenced within thirty-five years after the minor reaching eighteen years of age.
D. In Any civil action filed pursuant to subsection B of this section, a certificate of merit shall be filed by the attorney for the plaintiff. The certificate of merit shall contain a notarized statement by a qualified psychologist or behavioral health professional who is licensed pursuant to title 32, chapter 19.1 or 33 and who is knowledgeable in the relevant facts and issues involved in the particular action and shall state in reasonable detail the facts and opinions that the psychologist or behavioral health professional has relied on for concluding that there is a reasonable basis to believe that the plaintiff has been subject to one or more acts that would constitute an offense listed in subsection A of this section. The psychologist or behavioral health professional providing the statement may not be a party to the litigation. One certificate of merit shall be filed for each action even if more than one defendant is named in the complaint or is subsequently named.
