Bill
Number: H.B. 2466
Mesnard
Floor Amendment
Reference
to: JUDICIARY Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Creates a statute of limitations
of 12 years after a plaintiff reaches 18 years of age for an action for the
recovery of damages based on either:
a) an injury that a minor
suffers as the result of another person's negligent or intentional act, if that
act is a cause of sexual conduct or sexual contact committed against the minor;
or
b) a mandatory reporter's
failure to report sexual conduct or sexual contact committed against a minor.
2. Defines person, sexual
conduct and sexual contact for the purposes of the cause of action.
3. Applies the 12-year
statute of limitations to a claim that:
a) is commenced on or
after the effective date of the act; or
b) was filed before and
remains pending on the effective date of the act.
4. Allows a plaintiff
until December 31, 2020, to commence a cause of action for damages involving
sexual conduct or sexual contact against the minor and that would otherwise be
time barred.
5. Allows a claim that
would otherwise be time barred and that can be brought until December 31, 2020,
to be brought against a person who was not the perpetrator of the sexual
conduct or sexual contact if that person knew or otherwise had actual notice of
any misconduct that created an unreasonable risk of sexual conduct or sexual
contact with a minor by an employee, volunteer, representative or agent of the
person.
6. Specifies, for a claim
that would otherwise be time barred that may be brought until December 31,
2020, that:
a) the plaintiff has the
burden of proving the claim by clear and convincing evidence; and
b) punitive damages may
not be awarded.
7. Defines sexual
conduct and sexual contact for the purposes of the applicability
section.
8. Allows a court to
notify a victim after the final disposition of a criminal proceeding of the
ability to pursue civil remedies under the new statute of limitations, if
applicable.
9. Removes provisions of
the bill that deem specified findings in a juvenile court proceeding as
inadmissible and precluded in a criminal proceeding.
Page 1, strike lines 2 through 11, insert:
"Section 1. Title
12, chapter 5, article 1, Arizona Revised Statutes, is amended by adding
section 12-514, to read:
START_STATUTE12-514. Civil
action arising from sexual conduct or sexual contact committed against a minor;
failure to report; statute of limitations; revived action after a criminal
conviction; definitions
A. Notwithstanding
sections 12‑505, 12‑511 and 12‑542, an action for the
recovery of damages that is based on either of the following shall be commenced
within twelve years after the plaintiff reaches eighteen years of age and not
afterward:
1. An
injury that a minor suffers as a result of another person's negligent or
intentional act if that act is a cause of sexual conduct or sexual contact
committed against the minor.
2. The
failure to report pursuant to section 13‑3620 sexual conduct or sexual
contact committed against a minor.
B. For
the purposes of this section:
1. "Person"
means an individual, the United States, this state or a public or private
corporation, local government unit, public agency, partnership, association,
firm, trust or estate or any other legal entity.
2. "Sexual
conduct" means sexual conduct as proscribed by section 13‑1405.
3. "Sexual
contact" has the same meaning prescribed in section 13‑1401.END_STATUTE"
Page
1, line 14, after the period strike remainder of line
Strike
line 15, insert:
"Notice of available civil remedies"
Line 18,
after "THAT" strike remainder of line
Strike lines
19 through 23, insert ", following the final disposition of
any criminal proceeding, the court may notify the victim that civil remedies may
be available pursuant to section 12‑514, if applicable."
After line
23, insert:
"Sec. 3. Applicability; definitions
A. Section
12-514, Arizona Revised Statutes, as added by this act, applies to any cause of
action that either:
1. Is
commenced on or after the effective date of this act.
2. Was
filed before and remains pending on the effective date of this act.
B. Notwithstanding
any other law, a cause of action for damages described in subsection A,
paragraph 1 of this section that involves sexual conduct or sexual contact and
that would be time barred under section 12‑514, Arizona Revised Statutes,
as added by this act, or that would otherwise be time barred because of an
applicable statute of limitations, a claim presentation deadline or the
expiration of any other time limit is revived and may be commenced before
December 31, 2020.
C. A
cause of action revived pursuant to subsection B of this section may be brought
against a person who was not the perpetrator of the sexual conduct or sexual
contact if that person knew or otherwise had actual notice of any misconduct
that creates an unreasonable risk of sexual conduct or sexual contact with a
minor by an employee, a volunteer, a representative or an agent.
D.
For a claim described in subsection B or C of this section, both of the
following apply:
1. The
plaintiff has the burden of proving the claim by clear and convincing
evidence.
2. Punitive
damages may not be awarded.
E. For
the purposes of this section:
1. "Sexual
conduct" means intentionally or knowingly engaging in sexual intercourse or
oral sexual contact with any person who is under eighteen years of age.
2. "Sexual
contact":
(a) Means
any direct touching, fondling or manipulating of any part of the genitals, anus
or female breast by any part of the body or by any object, or masturbation in
the presence of a minor.
(b) Does
not include direct or indirect touching or manipulating during caretaking
responsibilities, or interactions with a minor that an objective, reasonable
person would recognize as normal and reasonable under the circumstances."
Renumber to
conform
Amend title to conform