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SDLRC - 2020 House Bill 1196 - SD Legislature authorize the revival of certain civil claims.

20.752.9 95th Legislative Session 691

2020 South Dakota Legislature

House Bill 1196

Introduced by: Representative Bordeaux

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.