HB 2: "An Act relating to the statute of limitations for certain civil actions; and providing for an effective date."
00 HOUSE BILL NO. 2 01 "An Act relating to the statute of limitations for certain civil actions; and providing for 02 an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.10.065 is amended to read: 05 Sec. 09.10.065. Commencement of actions for acts constituting sexual 06 offenses [ABUSE OR ASSAULT]. Notwithstanding other provisions in this chapter, 07 a person may bring an action at any time for conduct that would have, at the time 08 the conduct occurred, violated provisions of any of the following offenses [ACTS]: 09 (1) felony sexual abuse of a minor; [OR] 10 (2) felony sexual assault; or 11 (3) unlawful exploitation of a minor. 12 * Sec. 2. AS 09.10.065 is amended by adding a new subsection to read: 13 (b) Notwithstanding other provisions in this chapter, unless the action is 14 commenced within three years of the accrual of the claim for relief, a person may not
01 bring an action for conduct that would have, at the time the conduct occurred, violated 02 the provisions of any of the following offenses: 03 (1) misdemeanor sexual abuse of a minor; 04 (2) misdemeanor sexual assault; 05 (3) incest; or 06 (4) felony indecent exposure. 07 * Sec. 3. AS 09.10.140(b) is amended to read: 08 (b) An action based on a claim of sexual abuse under AS 09.55.650 that is 09 subject to AS 09.10.065(b) may be brought more than three years after the plaintiff 10 reaches the age of majority if it is brought under the following circumstances: 11 (1) if the claim asserts that the defendant committed one act of sexual 12 abuse on the plaintiff, the plaintiff shall commence the action within three years after 13 the plaintiff discovered or through use of reasonable diligence should have discovered 14 that the act caused the injury or condition; 15 (2) if the claim asserts that the defendant committed more than one act 16 of sexual abuse on the plaintiff, the plaintiff shall commence the action within three 17 years after the plaintiff discovered or through use of reasonable diligence should have 18 discovered the effect of the injury or condition attributable to the series of acts; a claim 19 based on an assertion of more than one act of sexual abuse is not limited to plaintiff's 20 first discovery of the relationship between any one of those acts and the injury or 21 condition, but may be based on plaintiff's discovery of the effect of the series of acts. 22 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 RETROACTIVITY. To the extent permitted by the state and federal constitutions, 25 this Act is retroactive to October 1, 2001. 26 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).