Actions: HPREF [2] HCPAC/HJC/HAFC-HCPAC [3] DP-HJC [9] DNP-CS/DP-HAFC [14] DNP-CS/DP [15] PASSED/H (65-0) [17] SJC-SJC
Scheduled: Not Scheduled
House Bill 73 (HB 73) eliminates the statute of limitations on lawsuits for damages due to childhood sexual abuse; this change applies retroactively.Legislation Overview:
House Bill 73 (HB 73) amends Section 37-1-30 NMSA 1978 regarding lawsuits for damages due to childhood sexual abuse. The bill eliminates the current statute of limitation for bringing such an action, and provides that the lawsuit may be brought at any time. HB 73 further provides that this section is retroactive as of the effective date of the bill and applies to all judicial proceedings not currently pending.Current Law:
Currently, a lawsuit regarding childhood sexual abuse must be started by a person before the latest of either the person’s 24th birthday or three years from the date that a person first disclosed the abuse to a medical or mental health provider.Committee Substitute:
The House Appropriations and Finance Committee Substitute for HJC CS/HB 73 extends the statute of limitations on actions for damages due to childhood abuse. It requires an action for such abuse to be commenced before the person's 58th birthday if the action is only against a private person, and not against the state, a political subdivision of the state or a public employee acting within the scope of the employee's duties. A lawsuit that would be time-barred prior to the effective date of this bill is retroactively revived and may be brought within three years of the effective date of this bill. The House Judiciary Committee Substitute for HB 73 (HJC CS/HB 73) amends Section 37-1-30 regarding lawsuits for damages due to childhood sexual abuse. The bill eliminates the current statute of limitation for bringing such an action and provides that the lawsuit may be brought at any time if the case is against a private individual, corporation, business trust, estate, partnership, limited liability company, association, joint venture or any commercial or nonpublic legal entity. HJC CS/HB 73 further provides that this section is retroactive as of the effective date of the bill and applies to all judicial proceedings not currently pending.