FIRST REGULAR SESSION

SENATE BILL NO. 669

92ND GENERAL ASSEMBLY


INTRODUCED BY SENATORS DOUGHERTY AND GIBBONS.

Read 1st time February 27, 2003, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

2017S.01I


AN ACT

To repeal section 537.046, RSMo, and to enact in lieu thereof two new sections relating to statute of limitations.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Section 537.046, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 516.600 and 537.046, to read as follows:

516.600. Any action to recover damages from injury or illness caused by child sexual abuse in an action brought pursuant to section 537.046, RSMo, shall be commenced within ten years or within three years of the date of discovering, or reasonably should have discovered, that the injury or illness was caused by child sexual abuse.

537.046. 1. As used in this section, the following terms mean:

(1) "Childhood sexual abuse", any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030, 566.040, 566.050, 566.060, 566.070, 566.080, 566.090, 566.100, 566.110, or 566.120, RSMo, or section 568.020, RSMo;

(2) "Injury" or "illness", either a physical injury or illness or a psychological injury or illness. A psychological injury or illness need not be accompanied by physical injury or illness.

2. [In any civil action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within five years of the date the plaintiff attains the age of eighteen or within three years of the date the plaintiff discovers or reasonably should have discovered that the injury or illness was caused by child sexual abuse, whichever later occurs.

3.] This section shall apply to any action commenced on or after August 28, 1990, including any action which would have been barred by the application of the statute of limitation applicable prior to that date.






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