HB 279: "An Act relating to statutes of limitations for civil actions."

00 HOUSE BILL NO. 279 01 "An Act relating to statutes of limitations for civil actions." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.10.060(c) is amended to read: 04 (c) Notwithstanding other provisions in this chapter, a person may bring an 05 action at any time against the perpetrator of [FOR] the following acts if the 06 perpetrator has been convicted of the act: 07 (1) [FELONY] sexual abuse [OF A MINOR]; or 08 (2) murder [FELONY SEXUAL ASSAULT]. 09 * Sec. 2. AS 09.10.060 is amended by adding new subsections to read: 10 (d) Except as provided in (c) of this section, a person may not bring an action 11 for sexual abuse or murder based on the perpetrator's intentional conduct for an injury, 12 condition, or death caused by the sexual abuse or murder unless the action is 13 commenced within 10 years. 14 (e) In this section, "sexual abuse" means an act committed by the defendant 15 against the plaintiff maintaining the cause of action if the defendant's conduct would

01 have violated a provision of 02 (1) AS 11.41.410 - 11.41.440; 03 (2) AS 11.41.450 - 11.41.458; or 04 (3) AS 11.66.110 - 11.66.130 if the victim was, at the time of the 05 offense, under 18 years of age. 06 * Sec. 3. AS 09.55.580(a) is amended to read: 07 (a) Except as provided under (f) of this section, when the death of a person is 08 caused by the wrongful act or omission of another, the personal representatives of the 09 former may maintain an action therefor against the latter, if the former might have 10 maintained an action, had the person lived, against the latter for an injury done by the 11 same act or omission. Except as provided in AS 09.10.060, the [THE] action shall 12 be commenced within two years after the death, and the damages therein shall be the 13 damages the court or jury may consider fair and just. The amount recovered, if any, 14 shall be exclusively for the benefit of the decedent's spouse and children when the 15 decedent is survived by a spouse or children, or other dependents. When the decedent 16 is survived by no spouse or children or other dependents, the amount recovered shall 17 be administered as other personal property of the decedent but shall be limited to 18 pecuniary loss. When the plaintiff prevails, the trial court shall determine the 19 allowable costs and expenses of the action and may, in its discretion, require notice 20 and hearing thereon. The amount recovered shall be distributed only after payment of 21 all costs and expenses of suit and debts and expenses of administration.