HOUSE OF REPRESENTATIVES	H.B. NO.	133
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to limitation of actions.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 657, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§657-     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 that would constitute a violation of part V or VI of chapter 707 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 a civil action may be commenced within one year after the effective date of this section subject to subsection (c).

     (c)  Any cause of action brought pursuant to subsection (b) shall be:

     (1)  Commenced for conduct that was committed against the minor thirty-five years or less before the effective date of this section; or

     (2)  Commenced within thirty-five years after the minor attained the age of eighteen years.

     (d)  In any civil action filed pursuant to subsection (b), a certificate of merit shall be filed by the attorney for the plaintiff.  The certificate of merit shall contain a notarized statement by a psychologist who is licensed pursuant to chapter 465, a marriage and family therapist who is licensed pursuant to chapter 451J, a mental health counselor who is licensed pursuant to chapter 453D, or a licensed clinical social worker who is licensed pursuant to chapter 467E and who is knowledgeable in the relevant facts and issues involved in the particular action.  The certificate of merit shall state in reasonable detail the facts and opinions that the psychologist, marriage and family therapist, mental health counselor, or licensed clinical social worker 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).  The psychologist, marriage and family therapist, mental health counselor, or licensed clinical social worker providing the statement may not be a party to the litigation.  Only 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."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Limitation of Actions; Sexual Offenses Against Minors

 

Description:

Eliminates the statute of limitations for civil actions brought by persons subjected to sexual offenses as a minor.  Revives for one year certain actions for which the statute of limitations had previously lapsed.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.