H. B. 2079

          (By Delegate D. Poling)
          [Introduced February 13, 2013; referred to the
          Committee on the Judiciary.]




A BILL to amend and reenact §55-2-12 of the Code of West Virginia, 1931, as amended, relating to limitations of actions and suits; and increasing to three years the statute of limitations concerning the filing of a civil action for a claim of sexual abuse against a minor causing psychological injury or illness.
Be it enacted by the Legislature of West Virginia:
     That §55-2-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-12. Personal actions not otherwise provided for.
     (a) Every personal action for which no limitation is otherwise prescribed shall be brought:
     (a) (1) Within two years next after the right to bring the same shall have accrued, if it be for damage to property;
     (b) (2) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and
     (c) (3) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his or her personal representative.
     (b) Notwithstanding any other provision of this code to the contrary, a personal action for the claim of sexual abuse to a minor causing psychological injury or illness may be brought within three years of the date that the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurred, and after reaching the age of majority.


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_____NOTE: The purpose of this bill is to extend the statute of limitations, to file a civil action for a claim of sexual abuse against a minor causing psychological injury or illness, to three years after plaintiff discovers or reasonably should have discovered the psychological injury or illness, after reaching the age of majority.

     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.