HOUSE BILL 214

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Al Park and Lisa Curtis

AN ACT

RELATING TO CIVIL ACTIONS; PROVIDING THAT AN ACTION FOR DAMAGES FOR PERSONAL INJURY CAUSED BY CERTAIN SEX OFFENSES AGAINST A CHILD SHALL BE COMMENCED BEFORE THE CHILD REACHES THE AGE OF FIFTY.

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] fiftieth birthday; or

                (2) three years from the date of the time that a person knew or had reason to know of the childhood sexual abuse and that the childhood sexual abuse resulted in an injury to the person, as established by competent medical or psychological testimony.

          B. As used in this section, "childhood sexual abuse" means behavior 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."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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