Bill Text: MS HB1162 | 2024 | Regular Session | Engrossed
Bill Title: Child sexual abuse; revise statute of limitatitons for claims.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2024-04-10 - Died On Calendar [HB1162 Detail]
Download: Mississippi-2024-HB1162-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representatives Lamar, McLean
House Bill 1162
(As Passed the House)
AN ACT TO AMEND SECTION 15-1-59, MISSISSIPPI CODE OF 1972, TO REVISE THE STATUTE OF LIMITATIONS FOR PERSONAL ACTIONS FOR CHILD SEXUAL ABUSE; TO BRING FORWARD SECTION 99-1-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES TIME LIMITATIONS FOR PROSECUTION OF CRIMES, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 15-1-49, MISSISSIPPI CODE OF 1972, WHICH PROVIDES LIMITATIONS FOR PERSONAL ACTIONS THAT ARE NOT SPECIFICALLY PROVIDED FOR IN THE LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 15-1-59, Mississippi Code of 1972, is amended as follows:
15-1-59. (1) * * * Except as otherwise provided in subsection
(2) of this section, any person entitled to bring any of the personal
actions mentioned shall, at the time at which the cause of action accrued, be
under the disability of infancy or unsoundness of mind, he may bring the
actions within the times in this chapter respectively limited, after his
disability shall be removed as provided by law. However, the saving in favor
of persons under disability of unsoundness of mind shall never extend longer
than twenty-one (21) years.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection, any person entitled to bring any personal action of felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95, exploitation of children as described in Section 97-5-33, promoting prostitution under Section 97-29-51(2) when the person involved is a minor, or any human trafficking offense as described in Section 97-3-54.1(1)(a), (1)(b) or (1)(c), 97-3-54.2 or 97-3-54.3, shall commence such action not later than ten (10) years from the date on which the person reaches twenty-one (21) years of age.
(b) Effective July 1, 2024, to June 30, 2027, any person entitled to bring any personal action of felonious abuse or battery of a child as described in Section 97 5 39, touching or handling a child for lustful purposes as described in Section 97 5 23, sexual battery of a child as described in Section 97 3 95, exploitation of children as described in Section 97 5 33, promoting prostitution under Section 97 29 51(2) when the person involved is a minor, or any human trafficking offense as described in Section 97 3 54.1(1)(a), (1)(b) or (1)(c), 97 3 54.2 or 97 3 54.3, shall commence such action regardless of the passage of time from the date or time the cause of action accrued or occurred; and regardless of the age of the person at the time he or she commences such action.
The provisions of this paragraph (b) shall stand repealed on July 1, 2027.
SECTION 2. Section 99-1-5, Mississippi Code of 1972, is brought forward as follows:
99-1-5. (1) (a) The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2), exploitation of children as described in Section 97-5-33, promoting prostitution under Section 97-29-51(2) when the person involved is a minor, or any human trafficking offense as described in Section 97-3-54.1(1)(a), (1)(b) or (1)(c), Section 97-3-54.2, or Section 97-3-54.3.
(b) A person shall not be prosecuted for felonious assistance-program fraud, as described in Section 97-19-71, or for felonious abuse of vulnerable persons, as described in Sections 43-47-18 and 43-47-19, unless the prosecution for the offense is commenced within five (5) years next after the commission thereof.
(c) A person shall not be prosecuted for larceny of timber as described in Section 97-17-59, unless the prosecution for the offense is commenced within six (6) years next after the commission thereof.
(d) The time limitation on prosecution for conspiracy, as described in Section 97-1-1, shall be the same as for the underlying offense for which the defendant is accused of conspiring to commit.
(e) A person shall not be prosecuted for bribery as defined in Section 97-11-11, unless the prosecution for the offense is commenced within five (5) years after the commission thereof.
(2) A person shall not be prosecuted for any other offense not listed in this section unless the prosecution for the offense is commenced within two (2) years next after the commission thereof.
(3) Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.
SECTION 3. Section 15-1-49, Mississippi Code of 1972, is brought forward as follows:
15-1-49. (1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.
(3) The provisions of subsection (2) of this section shall apply to all pending and subsequently filed actions.
SECTION 4. This act shall take effect and be in force from and after its passage.
