Bill Text: HI SB217 | 2011 | Regular Session | Amended

Hawaii Senate Bill 217 (Prior Session Legislation)

Bill Title: Limitation of Actions; Sexual Offenses Against Minors

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Vetoed) 2011-07-12 - (S) Vetoed on 07-12-11 - Returned from the Governor without approval (Gov. Msg. No. 1350). [SB217 Detail]

Download: Hawaii-2011-SB217-Amended.html

THE SENATE	S.B. NO.	217
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 2
		C.D. 1

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 by a minor arising from the sexual abuse of the minor by an adult may be commenced against the natural person who committed the act of sexual abuse at any time following the commission of the act or acts that constituted the sexual abuse. A civil cause of action for sexual abuse of a minor shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V or VI of chapter 707. Notwithstanding any law to the contrary, including chapter 662, Hawaii Revised Statutes, a claim may also be commenced at any time following the commission of the act or acts that constituted the sexual abuse under this subsection against a legal entity, including the State, if the person committing the act of sexual abuse against the minor was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim, or the accused and the minor were engaged in an activity over which the legal entity had some degree of responsibility or control. Damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity. Nothing in this subsection shall be deemed to affect a cause of action otherwise provided by statute for recovery of damages for the sexual abuse of a minor if the liability is based on simple negligence.

(b) For a period of two years following the effective date of this Act, victims of child sexual abuse that occurred in this State who have been barred from filing suit against their abusers by virtue of the expiration of the former civil statute of limitations shall be permitted to file those claims in the circuit courts of this State against the natural person who committed the act of sexual abuse. A claim may also be brought under this subsection against a legal entity, including the State, if the person committing the act of sexual abuse against the minor was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim, or the accused and the minor were engaged in an activity over which the legal entity had some degree of responsibility or control. Damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.

(c) A person against whom a suit is filed may recover attorney's fees if the court determines that a false accusation was made with no basis in fact and with malicious intent. A verdict in favor of the accused shall not be the sole basis for a determination that an accusation was false. The court must make an independent finding of an improper motive to award attorney's fees under this section.

(d) In any civil action filed pursuant to subsection (a) or (b), a certificate of merit shall be filed by the attorney for each plaintiff at the time the action is commenced. 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, a clinical social worker who is licensed pursuant to chapter 467E, or a registered nurse who is licensed pursuant to chapter 457, 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, licensed clinical social worker, or registered nurse has relied on to conclude 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, licensed clinical social worker, or registered nurse providing the statement may not be a party to the litigation."

SECTION 2. The revisor of statutes shall insert the effective date of this Act in the appropriate place in section 1 of this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

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 against the natural person who committed the act or acts constituting the sexual offense. Authorizes suits against a legal entity in certain circumstances. Revives for a two-year period certain actions for which the statute of limitations had previously lapsed. Authorizes a court to award attorney's fees to a defendant under certain circumstances. Requires a certificate of merit for all plaintiffs. (CD1)

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