HB 707-FN - AS INTRODUCED

2003 SESSION

03-0931

06/09

HOUSE BILL 707-FN

AN ACT relative to the statute of limitations in sexual assault cases.

SPONSORS: Rep. Leach, Hills 42; Rep. Norelli, Rock 86; Rep. Irwin, Hills 44; Rep. Stone, Rock 73; Sen. Barnes, Dist 17; Sen. Flanders, Dist 7; Sen. Gallus, Dist 1; Sen. Kenney, Dist 3

COMMITTEE: Judiciary

ANALYSIS

This bill extends the statute of limitations for filing a civil action based upon a sexual assault if the person assaulted was under the age of 18 when the incident occurred.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0931

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the statute of limitations in sexual assault cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Limitation of Actions; Sexual Assault and Related Offenses. Amend RSA 508 by inserting after section 508:4-f the following new section:

508:4-g Actions Based on Sexual Assault and Related Offenses. A person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2, who was under 18 years of age when the alleged offense occurred, may commence a personal action based on the incident within 22 years of the person's eighteenth birthday.

2 Effective Date. This act shall take effect January 1, 2004.

LBAO

03-0931

Revised 2/11/03

HB 707 FISCAL NOTE

AN ACT relative to the statute of limitations in sexual assault cases.

FISCAL IMPACT:

The Judicial Branch has determined this bill will increase state expenditures by an indeterminable amount in FY 2004 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenues.

METHODOLOGY:

The Judicial Branch stated this bill lengthens the statute of limitations for a civil action for damages based upon sexual assault if the victim was under the age of eighteen when the incident occurred. The statute of limitation is extended in these cases to the victim's fortieth birthday. This bill is a substantial increase in the general statute of limitations, which is three years. The Judicial Branch has no basis on which to estimate how many additional civil actions that this increased statute of limitations may engender. Since there are numerous sexual assaults against underage victims, and since a twenty-two year increase in the statute of limitations is substantial, one can assume this bill will result in many additional civil actions. Therefore, the Judicial Branch assumes this bill will increase state expenditures by an indeterminable amount in FY 2004 and each year thereafter.