Oklahoma HB 1470: Civil procedure; deleting time limitations for civil actions based on childhood sexual abuse incidents; effective date.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 56th Legislature (2017)

HOUSE BILL 1470 By: Bush

AS INTRODUCED

An Act relating to civil procedure; amending 12 O.S.
2011, Section 95, which relates to the statute of
limitations for civil actions; deleting time
limitations for civil actions based on childhood
sexual abuse incidents; establishing new time
limitation for civil actions; deleting evidentiary
and discovery requirements; allowing retroactive
claims for childhood sexual abuse under certain
circumstances; providing treble damages for
successful counterclaims; and providing an effective
date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 95, is
amended to read as follows:
Section 95. A. Civil actions other than for the recovery of
real property can only be brought within the following periods,
after the cause of action shall have accrued, and not afterwards:
1. Within five (5) years: An action upon any contract,
agreement, or promise in writing;
2. Within three (3) years: An action upon a contract express
or implied not in writing; an action upon a liability created by

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statute other than a forfeiture or penalty; and an action on a
foreign judgment;
3. Within two (2) years: An action for trespass upon real
property; an action for taking, detaining, or injuring personal
property, including actions for the specific recovery of personal
property; an action for injury to the rights of another, not arising
on contract, and not hereinafter enumerated; an action for relief on
the ground of fraud - the cause of action in such case shall not be
deemed to have accrued until the discovery of the fraud;
4. Within one (1) year: An action for libel, slander, assault,
battery, malicious prosecution, or false imprisonment; an action
upon a statute for penalty or forfeiture, except where the statute
imposing it prescribes a different limitation;
5. An action upon the official bond or undertaking of an
executor, administrator, guardian, sheriff, or any other officer, or
upon the bond or undertaking given in attachment, injunction,
arrest, or in any case whatever required by the statute, can only be
brought within five (5) years after the cause of action shall have
accrued;
6. An action based on intentional conduct brought by any person
for recovery of damages for injury suffered as a result of childhood
sexual abuse incidents or exploitation as defined by Section 1-1-105
of Title 10A of the Oklahoma Statutes or incest can only be brought
within the latter of the following periods:

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a. within two (2) years of the act alleged to have caused
the injury or condition, or
b. within two (2) years of the time the victim discovered
or reasonably should have discovered that the injury
or condition was caused by the act or that the act
caused the injury for which the claim is brought.
Provided, however, that the time limit for commencement of an action
pursuant to this paragraph is tolled for a child until the child
reaches the age of eighteen (18) years or until five (5) years after
the perpetrator is released from the custody of a state, federal or
local correctional facility or jail, whichever is later shall be
commenced by the forty-fifth birthday of the alleged victim. No
action may be brought against the alleged perpetrator or the estate
of the alleged perpetrator after the death of such alleged
perpetrator, unless the perpetrator was convicted of a crime of
sexual abuse involving the claimant. An action pursuant to this
paragraph must be based upon objective verifiable evidence in order
for the victim to recover damages for injuries suffered by reason of
such sexual abuse, exploitation, or incest. The evidence should
include both proof that the victim had psychologically repressed the
memory of the facts upon which the claim was predicated and that
there was corroborating evidence that the sexual abuse,
exploitation, or incest actually occurred. The victim need not
establish which act in a series of continuing sexual abuse

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incidents, exploitation incidents, or incest caused the injury
complained of, but may compute the date of discovery from the date
of discovery of the last act by the same perpetrator which is part
of a common scheme or plan of sexual abuse, exploitation, or incest.
Provided further, any action based on intentional conduct specified
in paragraph 7 of this section must be commenced within twenty (20)
years of the victim reaching the age of eighteen (18). For a period
of two (2) years following November 1, 2017, plaintiffs of any age
who were time barred from filing a civil action for injuries
resulting from childhood sexual abuse o