SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 91

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO CIVIL ACTIONS FOR CHILDHOOD SEXUAL ABUSE; REVISING LIMITATIONS FOR AN ACTION FOR DAMAGES BASED ON PERSONAL INJURY CAUSED BY CHILDHOOD SEXUAL ABUSE; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 37-1-30 NMSA 1978 (being Laws 1993, Chapter 136, Section 1, as amended) is amended to read:

     "37-1-30. ACTION FOR DAMAGES DUE TO CHILDHOOD SEXUAL ABUSE--LIMITATION ON ACTIONS.--

          A. An action for damages based on personal injury caused by childhood sexual abuse shall be commenced by a person before the latest of the following dates:

                (1) the first instant of the person's twenty-fourth birthday; or

                (2) three years from the date [of the time] that a person [knew or had reason to know of] first disclosed the person's childhood sexual abuse [and that the childhood sexual abuse resulted in an injury to the person, as established by competent medical or psychological testimony] to a licensed medical or mental health care provider in the context of receiving health care from the provider.

          B. As used in this section, "childhood sexual abuse" means [behavior] conduct that, if prosecuted in a criminal matter, would constitute a violation of:

                (1) Section 30-9-11 NMSA 1978, regarding criminal sexual penetration of a minor;

                (2) Section 30-9-13 NMSA 1978, regarding criminal sexual contact of a minor; or

                (3) the Sexual Exploitation of Children Act.

          C. The provisions of Section 37-1-8 NMSA 1978 and any statutes of limitation therein shall not apply to causes of action for childhood sexual abuse."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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