Status of South Dakota HB 1104

The South Dakota legislature passed HB 1104 severely limiting the civil avenues for victims of child sexual abuse by creating harsh a harsh statute of limitations. The text of the bill is available from an earlier post on this blog.

The South Dakota Legislature has a tracking site for all bills working through the State House. You can find the current status and the prior milestones for this bill at the 2010 Session – Bill History section of their website. The link for HB 1104 can be found here.

The enrolled version of the bill reads as follows: (An ENROLLED BILL is the final version passed in identical form by both chambers and sent to the governor for signature)

AN ACT
ENTITLED, An Act to limit the source of recovery in certain civil actions for childhood sexual
abuse injuries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-10-25 be amended to read as follows:
26-10-25. Any civil action based on intentional conduct brought by any person for recovery of
damages for injury suffered as a result of childhood sexual abuse shall be commenced within three
years of the act alleged to have caused the injury or condition, or three years of the time the victim
discovered or reasonably should have discovered that the injury or condition was caused by the act,
whichever period expires later. However, no person who has reached the age of forty years may
recover damages from any person or entity other than the person who perpetrated the actual act of
sexual abuse.