STAND. COM. REP. NO.  1013-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2588

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Human Services, to which was referred S.B. No. 2588, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LIMITATION OF ACTIONS,"

begs leave to report as follows:

The purpose of this measure is to provide victims of sexual abuse additional time to bring a civil action against an individual or entity.  Specifically, this measure:

     (1)  Extends the statute of limitations to allow individuals subjected to sexual offenses as a minor to bring a civil action after they have reached the age of majority against the individual who committed the offense;

     (2)  Provides a two-year window period for a victim of child sexual abuse to bring a civil action against the abuser, even though the statute of limitations period has lapsed;

     (3)  Authorizes the court to award the recovery of attorney's fees to the defendant if the sexual abuse accusation was made with no basis in fact and with malicious intent; and

     (4)  Requires a plaintiff to file with the court a certificate of merit that shall be sealed and remain confidential and includes a notarized statement upon which it can be reasonably concluded the plaintiff was a victim of a sexual offense.

Several concerned individuals supported the measure.  The Sex Abuse Treatment Center supported the intent of the measure.  The Hawaii Catholic Conference opposed the measure.  The Attorney General and a concerned individual offered comments on the measure.

     Your Committee has amended this measure by:

     (1)  Requiring the notarized statement be provided by a mental health care professional or other specified professional who is not currently treating nor had previously treated the plaintiff;

     (2)  Changing its effective date to July 1, 2050, to promote further discussion; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2588, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2588, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services,

____________________________

JOHN M. MIZUNO, Chair