2009 - 2010 LEGISLATURE
September 30, 2009 - Introduced by Senators Lassa, Taylor, Olsen, Schultz,
and Coggs, cosponsored by Representatives Parisi, Suder,
Soletski, Brooks, Pope-Roberts, Richards, Pasch, Berceau, Wood, Sinicki,
Bies, Zepnick, A. Ott, Vruwink, Nygren, Van Roy, Tauchen, Nerison, Turner,
Honadel, Hraychuck, A. Williams, Molepske Jr., Petersen, Ballweg
Stone. Referred to Committee on Judiciary, Corrections, Insurance,
Campaign Finance Reform, and Housing.
SB319,1,3 1An Act to renumber and amend 893.587; and to create 893.587 (1) and
2893.587 (3) of the statutes; relating to: the statute of limitations for sexual
3contact with a child.
Analysis by the Legislative Reference Bureau
Under current law, the time a person has to bring an action (the statute of
limitations) for an injury resulting from being sexually assaulted or subject to incest
as a child, or from being subject to sexual contact by a member of the clergy as a child,
is any time before the injured party reaches the age of 35.
This bill removes the time limit for bringing those actions. In addition, the bill
applies this unlimited time period to a broader range of actions. Under the bill, there
is no limit on the time a person has to bring an action for injury resulting from being
subject, as a child, to any sexual contact by an adult or by an adult member of the
clergy. The bill also revives any cause of action that was barred by the present statute
of limitations and allows an injured party to bring that action for his or her injury
within three years after the effective date of the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB319, s. 1 4Section 1. 893.587 of the statutes is renumbered 893.587 (2) and amended to
1893.587 (2) An action to recover damages against any person for injury caused
2by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or
an adult's sexual contact with anyone under the age of 18 or by an act
4committed by an adult that
would create a cause of action under s. 895.442 shall may
5be commenced before the injured party reaches the age of 35 years or be barred at
6any time
SB319, s. 2 7Section 2. 893.587 (1) of the statutes is created to read:
SB319,2,88 893.587 (1) In this section:
SB319,2,129 (a) "Person" means an individual, corporation, business trust, estate, trust,
10partnership, limited liability company, association, joint venture, or government;
11governmental subdivision, agency, or instrumentality; public corporation; or any
12other legal or commercial entity.
SB319,2,1313 (b) "Sexual contact" has the meaning given in s. 940.225 (5) (b).
SB319, s. 3 14Section 3. 893.587 (3) of the statutes is created to read:
SB319,2,1815 893.587 (3) A cause of action described under sub. (2) that was barred by a
16statute of limitations or a time limit in effect before the effective date of this
17subsection .... [LRB inserts date], is revived and that action may be commenced
18within 3 years after the effective date of this subsection .... [LRB inserts date].
SB319,2,1919 (End)