SB 1092 - This act establishes and modifies provisions relating to liability of childhood sexual abuse, including establishing requirements for liability insurance and prevention policies for licensure of child care providers and modifying actions for childhood sexual abuse.CHILD CARE PROVIDER LICENSURE (SECTION 210.233)
This act provides that child care providers that provide overnight care that are applying for licensure in this state shall provide demonstration of certain liability insurance and policies on the prevention of sexual abuse.
ACTIONS FOR CHILDHOOD SEXUAL ABUSE (SECTION 537.046)
This act modifies the offenses included in the definition of "childhood sexual abuse" and defines the term "actions against nonperpetrator defendants" as any action or claim to recover damages brought against a nonperpetrator defendant by any person alleging negligent or intentional failure to supervise a person that commits childhood sexual abuse, or that the nonperpetrator defendant's conduct caused or contributed to the childhood sexual abuse by another person including, but not limited to, wrongful conduct, neglect or default in supervision, hiring, employment, training, monitoring, or failure to report, or the concealment of childhood sexual abuse.
Currently, a civil action for recovery of damages suffered as a result of childhood sexual abuse shall be brought within ten years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later. This act removes the statute of limitations and provides that an action for childhood sexual abuse or actions against nonperpetrator defendants in actions brought pursuant to this act shall be commenced at any time. This provision shall apply to any action commenced on or after August 28, 2024, including those that would have been barred by the application of the statute of limitations prior to August 28, 2024.
This act also provides that in any action involving childhood sexual abuse or actions against nonperpetrator defendants, any nondisclosure clause or nondisparagement clause, as those terms are defined in the act, shall be judicially unenforceable.
This provision is similar to SB 416 (2023), HB 367 (2023), a provision in HB 1139 (2023), and SB 1084 (2022).
KATIE O'BRIEN