HB 117: Sexual Abuse Statutes of Limitation Amendments - Utah

Amended 1/30/2025 10:01:736 → Amended 3/4/2025 19:03:626 · 6 edits

MODERATE

This bill updates Utah's civil statute of limitations for sexual abuse cases, clarifies definitions, and makes technical corrections to existing laws. It establishes new rules for when victims can file civil lawsuits against sexual abusers and negligent parties.

Scope change

The bill expands and clarifies the scope of civil actions available to victims of sexual abuse, particularly regarding negligent sexual abuse claims and the definition of sexual abuse covered.

DEFINITION

Updated the definition of 'negligent sexual abuse' to specify it applies when someone with a legal duty fails to prevent or report abuse, with exceptions for clergy and attorneys following mandatory reporting laws.

Clarified that 'victim' does not include individuals whose claims are derived through another victim, preventing derivative claims.

Updated the definition of 'sexual abuse' to include specific offenses under Title 76, including aggravated sexual assault.

TIMELINE

Established a four-year statute of limitations for negligent sexual abuse claims, starting from when the victim turns 18 or discovers the abuse, whichever is later.

TECHNICAL

Renumbered and amended Section 78B-2-401 from 78B-2-119, and repealed the old Section 78B-2-308.

Amended Section 80-8-101 to update the definition of 'registered sex offender check' to include the Sex, Kidnap, and Child Abuse Offender Registry.

Amended Excerpts 3/4/2025 19:03:626 → Amended 1/30/2025 10:01:736 · 6 edits

MODERATE

This bill updates Utah's civil statute of limitations for sexual abuse cases, establishing clearer rules about when victims can file lawsuits. It creates a special one-year window after criminal proceedings conclude for victims to sue, while maintaining existing protections for cases already within the filing deadline. The bill also clarifies definitions of sexual abuse, negligent sexual abuse, and victim status, and adds exemptions for clergy and attorneys regarding negligent sexual abuse reporting.

Scope change

The bill expands the scope by creating a new civil action pathway for victims whose cases were not time-barred before May 4, 2022, while maintaining the existing right to sue perpetrators of sexual abuse at any time.

TIMELINE

Added a one-year window after criminal proceedings end for victims to file civil claims, provided the original statute of limitations hadn't expired before May 4, 2022.

DEFINITION

Added clear definitions for 'cause of action,' 'criminal conduct,' 'victim,' 'child,' 'discovers,' 'negligent sexual abuse,' 'perpetrator,' and 'sexual abuse' with specific references to Utah criminal code sections.

ELIGIBILITY

Modified eligibility criteria to clarify that victims can sue without requiring a criminal conviction of the defendant, and clarified that derivative claims from other victims are not eligible.

REQUIREMENT

Added requirements that civil claims must address harm directly related to the criminal conduct at issue in the criminal proceeding.

EXEMPTIONS

Added exemption for clergy and attorneys regarding negligent sexual abuse reporting requirements, protecting those who report in accordance with existing law.

TECHNICAL

Added technical provisions clarifying that the bill does not shorten existing statutes of limitations, toll provisions, or create insurer defense requirements for otherwise barred claims.

Amended Excerpts 1/30/2025 10:01:736 → Amended Excerpts 3/4/2025 19:03:626 · 2 edits

MINOR

The bill amended the definition of 'negligent sexual abuse' to clarify that it applies when an individual with a legal duty fails to prevent such abuse. It also modified the statute of limitations provision to clarify that the section does not revive actions already time-barred on or before May 7, 2025, using clearer formatting for the date.

Scope change

The scope of the bill remains focused on sexual abuse prevention and legal procedures, but the definition of negligent sexual abuse was clarified to emphasize the duty to prevent.

DEFINITION

Added a specific definition for 'negligent sexual abuse' to clarify it occurs when someone with a legal duty fails to prevent sexual abuse.

TIMELINE

Modified the statute of limitations language to clarify that the bill does not revive actions that were already time-barred on or before May 7, 2025.

Introduced → Amended Excerpts 1/30/2025 10:01:736 · 4 edits

MODERATE

This bill extends the time limit for victims of sexual abuse to file civil lawsuits, allowing them to sue perpetrators and those negligent in preventing abuse. It also clarifies definitions related to youth services and sex offender registries, and sets a specific window for reviving previously time-barred claims.

Scope change

The bill expands civil liability for sexual abuse cases by creating a new statute of limitations that allows victims to sue regardless of whether criminal charges were filed, and it extends the filing deadline for negligent sexual abuse cases.

TIMELINE

Extended the statute of limitations for civil sexual abuse actions, allowing victims to file claims within one year of a final criminal disposition, and up to four years after a victim turns 18 or discovers the abuse for negligent sexual abuse cases.

ELIGIBILITY

Allowed victims to bring civil actions regardless of whether the perpetrator was convicted of criminal charges, and clarified that the victim's own discovery of abuse determines the timeline, not a parent's discovery.

DEFINITION

Updated definitions for 'sexual abuse' to include specific crimes under Title 76, and redefined 'youth services organization' to include sports leagues, churches, and scouting groups serving 25+ children.

TECHNICAL

Amended the Sex and Kidnap Offender Registry definition to include the Child Abuse Offender Registry, and updated the effective date to May 7, 2025.

Sexual Abuse Statutes of Limitation Amendments

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