HB1104 amends SOL so as to short-circuit child-sex-abuse claims by Native American victims against Catholic priests

South Dakota made the highly unusual move of reducing its child sexual abuse SOL so as to short-circuit child-sex-abuse claims by Native American victims against Catholic priests.


View Bill Text as PDF: South_Dakota-2010-HB1104-Enrolled

Signed into law March 29, 2010

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.
HB No. 1104 Page 1 An Act to limit the source of recovery in certain civil actions for childhood sexual abuse injuries.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1104
____________________________
Chief Clerk
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____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
House Bill No. 1104
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o’clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State