Introduced Version
House Bill 2079 History
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Key: Green = existing Code. Red = new code to be enacted
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.
__________
_____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.