Bill Text: HI SB2439 | 2024 | Regular Session | Amended
Bill Title: Relating To Limitation Of Actions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2024-07-09 - Act 238, 07/09/2024 (Gov. Msg. No. 1343). [SB2439 Detail]
Download: Hawaii-2024-SB2439-Amended.html
|
THE SENATE |
S.B. NO. |
2439 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO LIMITATION OF ACTIONS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 657, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§657- Civil action arising from sexual offenses
against adult victims; certificate of merit. (a) For a period of two years commencing on July 1, 2024,
a person who is a victim of sexual abuse that occurred after June 30, 2012, in
the State when the person was eighteen years of age or older may file a claim
in a circuit court of the 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 before July 1, 2024.
A claim may also be brought under
this subsection against a legal entity 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.
(b) A civil cause of action for the sexual abuse of a person that occurred when the person was eighteen years of age or older shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V of chapter 707.
(c) A defendant against whom a civil action is
commenced may recover attorney's fees if the court determines that a false
accusation was made with no basis in fact and with malicious intent. A verdict in favor of the defendant shall not
be the sole basis for a determination that an accusation had no basis in fact
and was made with malicious intent. The
court shall make an independent finding of an improper motive prior to awarding
attorney's fees under this section.
(d) In any civil action filed pursuant to
subsection (a), 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) Marriage
and family therapist licensed pursuant to chapter 451J;
(2) Mental
health counselor licensed pursuant to chapter 453D;
(3) Psychologist
licensed pursuant to chapter 465; 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 (b)."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Limitation of Actions; Sexual Offenses; Adults
Description:
Extends the statute of limitations for civil actions brought by persons subjected to sexual offenses as an adult against the person who committed the act. Allows a claim to be brought against legal entities during the two-year window period if there is a finding of gross negligence. Authorizes a court to award attorney's fees to a defendant when an accusation of sexual abuse was made with no basis in fact and with malicious intent. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
