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THE SENATE |
S.B. NO. |
2687 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LIMITATION OF ACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 657-1.8, Hawaii Revised Statutes, is amended as follows:
1. Amending subsection (b) to read:
"(b) [For a period of two years after
[April 24, 2012], a] A victim of child sexual abuse that occurred in
this State [who had been barred from filing a claim against the victim's abuser
due to the expiration of the applicable civil statute of limitations that was
in effect prior to [April 24, 2012],] may file a claim in a circuit court
of this State against the person who committed the act of sexual abuse[.]
if the victim is barred from filing a claim against the victim's abuser due
to the expiration of the applicable civil statute of limitations that was in
effect prior to April 24, 2012, and has not attained the age of fifty-five.
A claim may also be brought under this subsection against a legal entity, except the State or its political subdivisions, if:
(1) The person who committed the act of sexual abuse against the victim was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim; or
(2) The person who committed the act of sexual abuse and the victim were engaged in an activity over which the legal entity had a degree of responsibility or control.
Damages against the legal entity shall be awarded
under this subsection only if there is a finding of [gross] negligence
on the part of the legal entity."
2. Amending subsection (d) to read:
"(d) In any civil action filed pursuant to subsection (a) or (b), a certificate of merit shall be filed by the attorney for the plaintiff, and shall be sealed and remain confidential. The certificate of merit shall include a notarized statement by a:
(1) Psychologist licensed pursuant to chapter 465;
(2) Marriage and family therapist licensed pursuant to chapter 451J;
(3) Mental health counselor licensed pursuant to chapter 453D; or
(4) Clinical social worker licensed pursuant to chapter 467E;
who is knowledgeable in the relevant facts and issues involved in the action, who is not a party to the action.
The notarized statement included in the
certificate of merit shall set forth in reasonable detail the facts and
opinions relied upon to conclude that there is a reasonable basis to believe
that the plaintiff was subject to one or more acts that would result in an
injury or condition specified in [[]subsection[]] (a). The
court, plaintiff, or any person enumerated under paragraphs (1) to (4) shall
not be required to disclose the contents of the sealed certificate of merit to
fulfill the requirements under this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act, upon its approval, shall take effect on July 1, 2050.
Report Title:
Statute of Limitations; Civil Actions; Sexual Abuse of a Minor
Description:
Allows a victim of child sexual abuse to bring a civil action against victim's abuser or an entity, except for the State or counties, when the entity was negligent, if the statute of limitations for filing a civil claim has lapsed and the victim has not yet attained the age of fifty-five. Prohibits the court, plaintiff, or certain individuals from being required to disclose the contents of the sealed certificate of merit. Effective 07/01/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.