An Act to authorize the revival of certain civil claims.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 26-10-25 be AMENDED:
26-10-25. Civil actions for damages--Childhood sexual abuse--Limitations.
Any civil action based on intentional conduct brought by any person
for recovery of damages for injury suffered as a result of childhood
sexual abuse shall be commenced within three years of the act alleged
to have caused the injury or condition, or three years of the time
the victim discovered or reasonably should have discovered that the
injury or condition was caused by the act, whichever period expires
later. However, no person who has
reached the age of forty years may recover damages from any person or
entity other than the person who perpetrated the actual act of sexual
abuse.
Section 2. Any civil action for damages resulting from childhood sexual abuse that is barred because the applicable statute of limitations had expired is revived until July 1, 2022.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.