Introduced Version
HOUSE BILL No. 1061
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-11-2-13.
Synopsis: Statute of limitations. Provides that a civil action based on
an allegation of childhood sexual abuse may be brought at any time.
Revives an action based on an allegation of childhood sexual abuse that
is time barred and permits the action to be brought before January 1,
2007.
Effective: July 1, 2004.
Dickinson, Orentlicher, Budak
January 20, 2004, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 113th General Assembly (2004)
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HOUSE BILL No. 1061
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-11-2-13; (04)IN1061.1.1. -->
SECTION 1. IC 34-11-2-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 13. (a) As used in this section, "childhood sexual
abuse" means sexual conduct (as defined in IC 35-42-4-4) involving
a child less than eighteen (18) years of age and an adult at least
eighteen (18) years of age.
(b) A civil action based on an allegation of childhood sexual
abuse may be brought at any time.
SECTION 2. [EFFECTIVE JULY 1, 2004] IC 34-11-2-13, as
added by this act, applies to causes of action accruing after June
30, 2004.
SOURCE: ; (04)IN1061.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2004]
(a) This SECTION
applies only to an action that:
(1) is based on an allegation of childhood sexual abuse; and
(2) was barred before July 1, 2004, because it was not
commenced within the time allowed by the statute of
limitations applying before IC 34-11-2-13, as added by this
act.
(b) An action described in subsection (a) is revived and may be
brought before January 1, 2007.
(c) This SECTION expires January 2, 2007.