00 Enrolled HB 2                                                                                                           
01 Relating to the statute of limitations for certain civil actions relating to acts constituting sexual                   
02 offenses; and providing for an effective date.                                                                          
03                           _______________                                                                               
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].  A [NOTWITHSTANDING OTHER                                                    
07       PROVISIONS IN THIS CHAPTER, A] person may bring an action at any time for                                         
08       conduct that would have, at the time the conduct occurred, violated provisions of                             
09       any of the following offenses [ACTS]:                                                                     
10                 (1)  felony sexual abuse of a minor; [OR]                                                               
11                 (2)  felony sexual assault; or                                                                      
12                 (3)  unlawful exploitation of a minor.                                                              
13    * Sec. 2.  AS 09.10.065 is amended by adding a new subsection to read:                                             
14            (b)  Unless the action is commenced within three years of the accrual of the                                 
15       claim for relief, a person may not bring an action for conduct that would have, at the                            
01       time the conduct occurred, violated the provisions of any of the following offenses:                              
02                 (1)  misdemeanor sexual abuse of a minor;                                                               
03                 (2)  misdemeanor sexual assault;                                                                        
04                 (3)  incest; or                                                                                         
05                 (4)  felony indecent exposure.                                                                          
06    * Sec. 3.  AS 09.10.140(b) is amended to read:                                                                     
07            (b)  An action based on a claim of sexual abuse under AS 09.55.650 that is                               
08       subject to AS 09.10.065(b) may be brought more than three years after the plaintiff                           
09       reaches the age of majority if it is brought under the following circumstances:                                   
10                 (1)  if the claim asserts that the defendant committed one act of sexual                                
11       abuse on the plaintiff, the plaintiff shall commence the action within three years after                          
12       the plaintiff discovered or through use of reasonable diligence should have discovered                            
13       that the act caused the injury or condition;                                                                      
14                 (2)  if the claim asserts that the defendant committed more than one act                                
15       of sexual abuse on the plaintiff, the plaintiff shall commence the action within three                            
16       years after the plaintiff discovered or through use of reasonable diligence should have                           
17       discovered the effect of the injury or condition attributable to the series of acts; a claim                      
18       based on an assertion of more than one act of sexual abuse is not limited to plaintiff's                          
19       first discovery of the relationship between any one of those acts and the injury or                               
20       condition, but may be based on plaintiff's discovery of the effect of the series of acts.                         
21    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
22 read:                                                                                                                   
23       RETROACTIVITY.  To the extent permitted by the state and federal constitutions,                                   
24 this Act is retroactive to October 1, 2001.                                                                             
25    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).