SB381: Bill Text

MLJ:ahe

2019 - 2020 LEGISLATURE

2019 Senate BILL 381

August 29, 2019 - Introduced by Senators L. Taylor, Schachtner and Larson, cosponsored by Representatives C. Taylor, Sargent, Gruszynski, Vining, Stubbs, Neubauer, Milroy, L. Myers, Billings, Anderson, Brostoff, Subeck, Pope, Considine, Bowen, Vruwink, Sinicki, Spreitzer and Ohnstad. Referred to Committee on Insurance, Financial Services, Government Oversight and Courts.

SB381,1,3 An Act to renumber and amend 893.587; to amend 893.587 (title); and to create 893.587 (1) and 893.587 (3) of the statutes; relating to: the statute of limitations for sexual contact with a child.

Analysis by the Legislative Reference Bureau

Under current law, the time a person has to bring an action (the statute of limitations) for an injury resulting from being sexually assaulted or subject to incest as a child, or from being subject to sexual contact by a member of the clergy as a child, is any time before the injured party reaches the age of 35.

This bill removes the time limit for bringing those actions. In addition, the bill applies this unlimited time period to a broader range of actions. Under the bill, there is no limit on the time a person has to bring an action for injury resulting from being subject, as a child, to any sexual contact by an adult or by an adult member of the clergy. The bill also revives any cause of action that was barred by the present statute of limitations and allows an injured party to bring that action for his or her injury within three years after the effective date of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB381,1 Section 1 . 893.587 (title) of the statutes is amended to read:

SB381,1,5 893.587 (title) Sexual assault of contact with a child; limitation.

SB381,2 Section 2. 893.587 of the statutes is renumbered 893.587 (2) and amended to read:

SB381,2,8 893.587 (2) An action to recover damages against any person for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 an adult's sexual contact with anyone under the age of 18 or by an act committed by an adult that would create a cause of action under s. 895.442 shall may be commenced before the injured party reaches the age of 35 years or be barred at any time.

SB381,3 Section 3. 893.587 (1) of the statutes is created to read:

SB381,2,10 893.587 (1) In this section:

SB381,2,14 (a) “Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

SB381,2,15 (b) “Sexual contact" has the meaning given in s. 940.225 (5) (b).

SB381,4 Section 4. 893.587 (3) of the statutes is created to read:

SB381,2,20 893.587 (3) A cause of action described under sub. (2) that was barred by a statute of limitations or a time limit in effect before the effective date of this subsection .... [LRB inserts date], is revived and that action may be commenced within 3 years after the effective date of this subsection .... [LRB inserts date].

SB381,2,21 (End)