2019 - 2020 LEGISLATURE
August 29, 2019 - Introduced by Senators L. Taylor, Schachtner and Larson,
cosponsored by Representatives C. Taylor, Sargent, Gruszynski, Vining,
Stubbs, Neubauer, Milroy, L. Myers, Billings, Anderson, Brostoff, Subeck,
Pope, Considine, Bowen, Vruwink, Sinicki, Spreitzer and Ohnstad. Referred
to Committee on Insurance, Financial Services, Government Oversight and
SB381,1,3 1An Act to renumber and amend 893.587; to amend 893.587 (title); and to
893.587 (1) and 893.587 (3) of the statutes; relating to: the statute of
3limitations for sexual contact 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:
SB381,1 4Section 1 . 893.587 (title) of the statutes is amended to read:
SB381,1,5 5893.587 (title) Sexual assault of contact with a child; limitation.
1Section 2. 893.587 of the statutes is renumbered 893.587 (2) and amended to
SB381,2,83 893.587 (2) An action to recover damages against any person for injury caused
4by 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
6committed by an adult that
would create a cause of action under s. 895.442 shall may
7be commenced before the injured party reaches the age of 35 years or be barred at
8any time
SB381,3 9Section 3. 893.587 (1) of the statutes is created to read:
SB381,2,1010 893.587 (1) In this section:
SB381,2,1411 (a) “Person" means an individual, corporation, business trust, estate, trust,
12partnership, limited liability company, association, joint venture, or government;
13governmental subdivision, agency, or instrumentality; public corporation; or any
14other legal or commercial entity.
SB381,2,1515 (b) “Sexual contact" has the meaning given in s. 940.225 (5) (b).
SB381,4 16Section 4. 893.587 (3) of the statutes is created to read:
SB381,2,2017 893.587 (3) A cause of action described under sub. (2) that was barred by a
18statute of limitations or a time limit in effect before the effective date of this
19subsection .... [LRB inserts date], is revived and that action may be commenced
20within 3 years after the effective date of this subsection .... [LRB inserts date].
SB381,2,2121 (End)