Extends the statute of limitations for a civil action based on child sex abuse to 10 years after the victim reaches age of majority. Provides a 1-year window to bring an action for child sex abuse if the extended statute of limitations has expired, provided that no more than 25 years has passed since the victim reached the age of majority. (HB2895 HD1)

A BILL FOR AN ACT

SECTION 1. Section 657-7, Hawaii Revised Statutes, is amended to read as follows:

"§657-7 Damage to persons or property. (a) Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in subsections (b) and (c) and section 657-13.

(b) An action for recovery of compensation for injury to persons that arises from an act that constitutes an offense under part V or VI of chapter 707 and was committed during the minority of the person who suffered the injury shall be instituted not later than ten years after the person reaches the age of majority.

(c) If the period specified by subsection (b) has expired, an action may nonetheless be instituted within twenty-five years after the person reached the age of majority if the action is instituted before July 1, 2007.

(d) An action permitted under subsection (b) or (c) shall not be precluded by the fact that the defendant was not charged for an act that would constitute an offense under part V or VI of chapter 707 or, if charged, was acquitted or obtained dismissal of the charges."

SECTION 2. Section 657-7, Hawaii Revised Statutes, is amended to read as follows:

"§657-7 Damage to persons or property. (a) Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in subsection (b) and section 657-13.

(b) An action for recovery of compensation for injury to persons that arises from an act that constitutes an offense under part V or VI of chapter 707 and was committed during the minority of the person who suffered the injury shall be instituted not later than ten years after the person reaches the age of majority. An action permitted under this subsection shall not be precluded by the fact that the defendant was not charged for an act that would constitute an offense under part V or VI of chapter 707 or, if charged, was acquitted or obtained dismissal of the charges."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 1 shall be repealed on July 1, 2007, and section 2 shall take effect on July 1, 2007.