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H0125aa..............................by JUDICIARY, RULES AND ADMINISTRATION
CHILD ABUSE - Amends existing law relating to child abuse to provide a
cause of action against an employer; to provide for a statute of
limitations for discovery of an act, abuse or exploitation and its causal
relationship to an injury or condition; to allow for computation of the
date of discovery from the last act of a series of continuing acts, abuse
or exploitation by the same perpetrator which is part of a common scheme or
plan; and to provide that the knowledge of a custodial parent or guardian
shall not be imputed to a child under the age of eighteen years.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/16 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/26 3rd rdg as amen - PASSED - 60-7-3
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour, Luker,
Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
Patrick, Pence, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Thayn, Trail, Vander Woude, Wood(27), Wood(35), Mr.
Speaker
NAYS -- Barrett, Harwood, Lake, Loertscher, Marriott, Raybould,
Stevenson
Absent and excused -- Bilbao, Schaefer, Wills
Floor Sponsors - Shirley & Ruchti
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Hill
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed - Pres signed
03/16 To Governor
03/21 Governor signed
Session Law Chapter 125
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 125
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CHILD ABUSE; AMENDING SECTION 6-1701, IDAHO CODE, TO PROVIDE A
3 CAUSE OF ACTION AGAINST AN EMPLOYER, SUBJECT TO SECTION 6-1607, IDAHO
4 CODE, AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 6-1704, IDAHO
5 CODE, TO PROVIDE FOR A STATUTE OF LIMITATIONS FOR DISCOVERY OF AN ACT,
6 ABUSE OR EXPLOITATION AND ITS CAUSAL RELATIONSHIP TO AN INJURY OR CONDI-
7 TION, TO ALLOW FOR COMPUTATION OF THE DATE OF DISCOVERY FROM THE LAST ACT
8 OF A SERIES OF CONTINUING ACTS, ABUSE OR EXPLOITATION BY THE SAME PERPE-
9 TRATOR WHICH IS PART OF A COMMON SCHEME OR PLAN AND TO PROVIDE THAT THE
10 KNOWLEDGE OF A CUSTODIAL PARENT OR GUARDIAN SHALL NOT BE IMPUTED TO A
11 CHILD UNDER THE AGE OF EIGHTEEN YEARS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 6-1701, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 6-1701. TORT ACTIONS IN CHILD ABUSE CASES. (1) An action may be brought
16 by or on behalf of any child against any person who has:
17 (1a) Wilfully Willfully and lewdly committed any lewd or lascivious act
18 or acts upon or with the body or any part or member of a child under the
19 age of sixteen (16) years as defined in section 18-1508, Idaho Code; or
20 (2b) Sexually abused any child as defined in section 18-1506, Idaho Code;
21 or
22 (3c) Sexually exploited any child for a commercial purpose as defined in
23 section 18-1507, Idaho Code; or
24 (4d) Injured a child as defined in section 18-1501, Idaho Code.
25 (2) Subject to section 6-1607, Idaho Code, an action may be brought by or
26 on behalf of any child against the employer of the person who committed the
27 acts described in subsection (1) of this section.
28 (3) This The civil causes of action provided for in this section exists
29 independently of any criminal action commenced pursuant to chapter 15, title
30 18, Idaho Code. A civil action may be pursued under the provisions of this
31 chapter even if a criminal prosecution is not pursued.
32 SECTION 2. That Section 6-1704, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 6-1704. STATUTE OF LIMITATIONS. (1) Notwithstanding any limitation con-
35 tained in chapter 2, title 5, Idaho Code, an action under the provisions of
36 this chapter must be commenced within five (5) years from the date that an
37 aggrieved child reaches the age of eighteen (18) years or, after the child
38 reaches the age of eighteen (18) years, within five (5) years of the time the
39 child discovers or reasonably should have discovered the act, abuse or exploi-
40 tation and its causal relationship to an injury or condition suffered by the
41 child, whichever occurs later.
2
1 (2) The child need not establish which act in a series of continuing
2 acts, abuse or exploitation caused the injury complained of, but may compute
3 the date of discovery from the date of discovery of the last act by the same
4 perpetrator which is part of a common scheme or plan.
5 (3) The knowledge of a custodial parent or guardian shall not be imputed
6 to a child under the age of eighteen (18) years.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Ruchti
Seconded by Luker
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 125
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 25 through 27, and insert:
3 "(2) If an act prohibited under subsection (1) of this section involves
4 employment-related circumstances as provided under section 6-1607(2), Idaho
5 Code, then an action may be brought under the common law by, or on behalf of,
6 any child against the employer of the person who committed the act, subject to
7 the requirements of section 6-1607, Idaho Code.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 125, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CHILD ABUSE; AMENDING SECTION 6-1701, IDAHO CODE, TO PROVIDE A
3 CAUSE OF ACTION AGAINST AN EMPLOYER, SUBJECT TO SECTION 6-1607, IDAHO
4 CODE, AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 6-1704, IDAHO
5 CODE, TO PROVIDE FOR A STATUTE OF LIMITATIONS FOR DISCOVERY OF AN ACT,
6 ABUSE OR EXPLOITATION AND ITS CAUSAL RELATIONSHIP TO AN INJURY OR CONDI-
7 TION, TO ALLOW FOR COMPUTATION OF THE DATE OF DISCOVERY FROM THE LAST ACT
8 OF A SERIES OF CONTINUING ACTS, ABUSE OR EXPLOITATION BY THE SAME PERPE-
9 TRATOR WHICH IS PART OF A COMMON SCHEME OR PLAN AND TO PROVIDE THAT THE
10 KNOWLEDGE OF A CUSTODIAL PARENT OR GUARDIAN SHALL NOT BE IMPUTED TO A
11 CHILD UNDER THE AGE OF EIGHTEEN YEARS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 6-1701, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 6-1701. TORT ACTIONS IN CHILD ABUSE CASES. (1) An action may be brought
16 by or on behalf of any child against any person who has:
17 (1a) Wilfully Willfully and lewdly committed any lewd or lascivious act
18 or acts upon or with the body or any part or member of a child under the
19 age of sixteen (16) years as defined in section 18-1508, Idaho Code; or
20 (2b) Sexually abused any child as defined in section 18-1506, Idaho Code;
21 or
22 (3c) Sexually exploited any child for a commercial purpose as defined in
23 section 18-1507, Idaho Code; or
24 (4d) Injured a child as defined in section 18-1501, Idaho Code.
25 (2) If an act prohibited under subsection (1) of this section involves
26 employment-related circumstances as provided under section 6-1607(2), Idaho
27 Code, then an action may be brought under the common law by, or on behalf of,
28 any child against the employer of the person who committed the act, subject to
29 the requirements of section 6-1607, Idaho Code.
30 (3) This The civil causes of action provided for in this section exists
31 independently of any criminal action commenced pursuant to chapter 15, title
32 18, Idaho Code. A civil action may be pursued under the provisions of this
33 chapter even if a criminal prosecution is not pursued.
34 SECTION 2. That Section 6-1704, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 6-1704. STATUTE OF LIMITATIONS. (1) Notwithstanding any limitation con-
37 tained in chapter 2, title 5, Idaho Code, an action under the provisions of
38 this chapter must be commenced within five (5) years from the date that an
39 aggrieved child reaches the age of eighteen (18) years or, after the child
40 reaches the age of eighteen (18) years, within five (5) years of the time the
41 child discovers or reasonably should have discovered the act, abuse or exploi-
2
1 tation and its causal relationship to an injury or condition suffered by the
2 child, whichever occurs later.
3 (2) The child need not establish which act in a series of continuing
4 acts, abuse or exploitation caused the injury complained of, but may compute
5 the date of discovery from the date of discovery of the last act by the same
6 perpetrator which is part of a common scheme or plan.
7 (3) The knowledge of a custodial parent or guardian shall not be imputed
8 to a child under the age of eighteen (18) years.
STATEMENT OF PURPOSE
RS 16864
The purpose of this legislation is to extend the civil statue of
limitations for cases under Title 6 Chapter 17 involving child
abuse. The current statute of limitations found in Idaho Code
6-1704 would be amended to allow a cause of action to be filed,
after the child reaches the age of 18 years, within 5 years of
the time the child "discovers or reasonably should have
discovered" the abuse and its relationship to an injury suffered
by the child.
The legislation also amends Idaho Code 6-1701 (Tort Actions in
Child Abuse Cases) to allow, subject to the evidentiary
restrictions of Idaho Code 6-1607, a cause of action against the
employer of the individual who committed the abuse.
FISCAL NOTE
There is no impact to the general fund.
Contact
Name: Rep. James Ruchti Rep. Jim Clark
Phone: (208)332-1131 Senator Brent Hill
Rep. Mack Shirley
Rep. Donna Boe
STATEMENT OF PURPOSE/FISCAL NOTE H 125