HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 151

57th legislature - STATE OF NEW MEXICO - second session, 2026

 

 

 

 

 

 

 

AN ACT

RELATING TO LIMITATIONS ON CIVIL ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE; EXTENDING THE TIME PERIOD TO COMMENCE AN ACTION BASED ON CHILDHOOD SEXUAL ABUSE; PROVIDING THAT SECTION 37-1-30 NMSA 1978 (BEING LAWS 1993, CHAPTER 136, SECTION 1, AS AMENDED) IS THE ONLY STATUTORY TIME OR PROCEDURAL LIMITATION ON COMMENCING AN ACTION BASED ON CHILDHOOD SEXUAL ABUSE; PROVIDING THAT ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE THAT ARE BARRED ON OR BEFORE JULY 1, 2026 ARE RETROACTIVELY REVIVED AND THAT THOSE ACTIONS MAY BE COMMENCED NO LATER THAN JUNE 30, 2029 IF THE ACTIONS ARE ONLY AGAINST A PERSON; CREATING THE SURVIVORS' JUSTICE AND COMPENSATION FUND AND THE SURVIVORS' JUSTICE AND COMPENSATION COMMISSION; PROVIDING FOR A PERSON TO SUBMIT A CLAIM FOR COMPENSATION IF THE PERSON SUFFERED CHILDHOOD SEXUAL ABUSE DUE TO AN ACT BY A PUBLIC EMPLOYEE OR BY THE NEGLIGENCE OF A PUBLIC BODY; PROVIDING LIMITATIONS; PROVIDING A PROCESS FOR SUBMITTING CLAIMS; REQUIRING A HEARING ON CERTAIN CLAIMS; ASSIGNING POWERS AND DUTIES; MAKING APPROPRIATIONS.

 

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] fifty-eighth birthday; or

                (2) three years from the date that a person first disclosed the person's childhood sexual abuse 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 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.]

          C. The limitation provided in Subsection A of this section is the only statutory time or procedural limitation on commencing an accrued action for damages based on personal injury caused by childhood sexual abuse, regardless of whether the action is against the state, a political subdivision of the state or a person.

          D. An action for damages based on personal injury caused by childhood sexual abuse that is barred on or before July 1, 2026 due to a statutory time or procedural limitation is retroactively revived and may be commenced no later than June 30, 2029 if the action is only against a person, including a person who is an employee of the state or a political subdivision of the state in that person's individual capacity. Such an action against the state or a political subdivision of the state is not revived; provided that, in lieu of the action, a person may seek relief in accordance with Section 2 of this 2026 act."

     SECTION 2. [NEW MATERIAL] SURVIVORS' JUSTICE AND COMPENSATION FUND--ADMINISTRATION--CLAIMS--LIMITATIONS.--

          A. As used in this section:

                (1) "childhood sexual abuse" means conduct that, if prosecuted in a criminal matter, would constitute a violation of:

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

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

                     (c) the Sexual Exploitation of Children Act;

                (2) "claimant" means a person who submitted a timely claim against the fund;

                (3) "commission" means the survivors' justice and compensation commission;

                (4) "director" means the director of the risk management division of the general services department;

                (5) "fund" means the survivors' justice and compensation fund; and

                (6) "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education, but does not mean an acequia or a community ditch, a soil and water conservation district, a land grant-merced, a mutual domestic water consumers association or other association organized pursuant to the

Sanitary Projects Act or a water users' association.

          B. The "survivors' justice and compensation fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations to the fund and other money deposited to the credit of the fund. Money in the fund is appropriated to the risk management division of the general services department to pay compensation to persons who substantiate claims made against the fund and as otherwise provided in this section. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of general services or the secretary's authorized representative.

          C. The "survivors' justice and compensation commission" is created as an independent commission. The commission consists of:

                (1) five voting members appointed as follows:

                     (a) one voting member, appointed by the speaker of the house of representatives, shall be a person who is a licensed psychiatrist, psychologist or behavioral health professional with expertise in posttraumatic stress disorder or related mental disorders and actively treats survivors of childhood sexual abuse as part of the person's clinical practice;

                     (b) one voting member, appointed by the speaker of the house of representatives, shall be a sexual assault nurse examiner licensed by the board of nursing or other licensed health care provider with expertise in providing medical and forensic services to victims of sexual crimes;

                     (c) one voting member, appointed by the president pro tempore of the senate, shall be a person who represents an organization based in New Mexico that provides services to victims of childhood sexual abuse;

                     (d) one voting member, appointed by the president pro tempore of the senate, shall be a retired judge or justice who is a licensed attorney in good standing with the state bar of New Mexico; and

                     (e) one voting member, appointed by the governor, shall be a person who is a survivor advocate; and

                (2) the following ex-officio advisory members:

                     (a) the attorney general or the attorney general's designee, who shall provide the commission with objective and impartial assistance as to the law and the evaluation of evidence; and

                     (b) the director or the director's designee, who shall assist the commission in determining the amount of compensation for a substantiated claim and in considering the solvency of the fund.

          D. The commission shall elect a chair no later than thirty days from the date all members are appointed. Once the commission is appointed, the commission is vested with all powers necessary to conduct hearings, including the powers to compel the attendance of witnesses, administer oaths and issue subpoenas. Process for the commission shall be issued by the chair upon majority vote of all voting members by July 1, 2027. Witnesses compelled to attend a hearing are entitled to reimbursement for per diem and mileage at the rate specified for nonsalaried public officers in accordance with the Per Diem and Mileage Act. Per diem and mileage reimbursement for a witness compelled to attend a hearing by the commission shall be paid from the fund.

          E. Each voting member shall upon appointment take and subscribe to an oath or affirmation that the member will support the constitution of the United States and the constitution and laws of the state and that the member will faithfully and impartially discharge the duties of the member's position to the best of the member's abilities. Voting members are entitled to reimbursement for per diem and mileage in accordance with the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance for service on the commission. Per diem and mileage reimbursement for members of the commission shall be paid from the fund. The commission shall function until all timely claims made against the fund are disposed. An appointed voting member shall hold that member's appointment for a term of five years. A vacancy on the commission shall be filled by the original appointing authority.

          F. A person alleging to have suffered from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body is eligible to submit a claim against the fund if:

                (1) the childhood sexual abuse occurred before July 1, 2026;

                (2) the person has not received any remedy for the childhood sexual abuse pursuant to a civil judgment or settlement; and

                (3) as of July 1, 2026, the person is time barred from commencing a civil action for personal injury caused by the childhood sexual abuse.

          G. A claimant who submits a claim against the fund shall have the burden to prove by a preponderance of the evidence that the claimant sustained personal injury from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body.

          H. A claim against the fund shall be submitted to the director on or before June 30, 2030. The director shall:

                (1) begin accepting claims on July 1, 2027;                 (2) determine the form and manner for claims to be submitted;

                (3) facilitate the commission's review of each claim submitted; and

                (4) provide staff for the commission.

          I. The commission shall conduct a preliminary review of a claim within ninety days from the date the claim is submitted to ascertain whether a claimant has alleged personal injury from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body. If the commission determines upon preliminary review that a claimant has alleged personal injury from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body, the commission shall hold a hearing on the claim. If the commission determines upon preliminary review that a claimant has not alleged any personal injury from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body, the commission shall give notice to the claimant of the basis for the commission's determination and allow the claimant to provide additional information within ninety days from the date of the notice. If the claimant fails to provide additional information, the commission may issue an order dismissing the claim.

          J. A hearing on a claim shall be conducted pursuant to commission-adopted procedures that are uniform and provide for the ascertainment of truth and a just determination. The commission shall give the claimant one hundred twenty days' notice of witnesses identified by the commission before the hearing. The claimant shall have sixty days to add witnesses and to object to any witnesses identified by the commission. The commission shall not seek or consider any evidence regarding the claimant's sexual behavior or the claimant's sexual predisposition.

          K. The commission shall, upon request, make reasonable accommodations to prevent the claimant's mental anguish. The claimant shall have the right to pick the order of witnesses and to question witnesses. If applicable, the claimant's attorney or non-attorney advocate may attend and participate in the hearing by giving an opening statement, questioning witnesses and giving a closing statement. A hearing shall be completed within three hundred sixty-five days from the date the claim is filed; provided that this time may be extended by the commission with the claimant's consent. Within ninety days after a hearing is completed, the commission shall issue an order with written findings of fact and conclusions as to whether the claimant met the burden of proof for the claim.

          L. If a claimant meets the burden of proof for a claim, the commission shall determine the compensation to which the claimant is entitled and issue an order for compensation from the fund. The maximum compensation payable to a claimant is seven hundred thousand dollars ($700,000). In determining the compensation for a claimant, the commission shall consider and make written findings as part of the commission's order as to the following factors:

                (1) the nature and severity of the childhood sexual abuse;

                (2) the claimant's pain and suffering as well as the psychological impact of the abuse on the claimant;

                (3) the economic and social impact of the abuse on the claimant;

                (4) the circumstances of the abuse and the response of the public body;

                (5) the nature of the evidence presented;                 (6) the total number of claims currently pending before the commission, any evidence submitted to the commission regarding those claims and the funds available to the commission to compensate those claimants; and

                (7) any other factor relevant to the commission's determination.

          M. A claimant aggrieved by any order of the commission shall have a statutory right of review to the district court pursuant to Section 39-3-1.1 NMSA 1978.

          N. A claimant's acceptance of compensation from the fund constitutes a waiver of any civil claim the claimant may have against any public body arising from the childhood sexual abuse that gave rise to the claim. Nothing in this section shall be construed to waive, limit or impair civil or criminal claims against a private person that arise from the childhood sexual abuse that gave rise to the claim.

          O. Records created and maintained pursuant to this section are not public records, and the names and identifying information of persons in the record, including the claimant, shall be confidential. The hearings of the commission shall be considered deliberations of a public body in connection with an administrative adjudicatory proceeding for the purposes of the Open Meetings Act.

          P. At the advice of the attorney general or the attorney general's designee, the commission shall refer suspected crimes to the district attorney of the relevant judicial district.

          Q. The commission shall provide an annual report to the governor and the legislature each year the commission functions. The report shall include information about the number of claims submitted, reviewed and disposed, the manner of the dispositions, a list of the public bodies implicated in the claims and the number of claims submitted against each public body listed and the amount of compensation paid to claimants. The report shall also include the number of pending claims that have been submitted to the commission but not yet compensated by the commission and an analysis of any additional appropriations the commission requires to fairly compensate the remaining claimants.

     SECTION 3. APPROPRIATION.--Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the survivors' justice and compensation fund for expenditure in fiscal year 2027 and subsequent fiscal years for the purposes of the fund. Any unexpended balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2026.

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