LRB-2455/1
CMH:cdc
2023 - 2024 LEGISLATURE
May 18, 2023 - Introduced by Senators James,
Agard, Taylor, Feyen, Hutton,
Roys, Smith, Spreitzer and Larson, cosponsored by Representatives
Gundrum, Billings, Andraca, Binsfeld, Conley, Dittrich, Edming, Joers,
Maxey, Ohnstad, Palmeri, Rettinger, Rozar, Sinicki, Stubbs and Subeck.
Referred to Committee on Mental Health, Substance Abuse Prevention,
Children and Families.
SB302,1,3
1An Act to renumber and amend 893.587;
to amend 893.587 (title); and
to
2create 893.587 (1) of the statutes;
relating to: the statute of limitations for
3sexual contact with a child.
Analysis by the Legislative Reference Bureau
Under current law, a person may bring a civil action for 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, at any time before the injured party
reaches the age of 35.
This bill increases the time limit for bringing those actions to any time before
the injured party reaches the age of 45. In addition, the bill applies this time period
to a broader range of actions. Under the bill, the new time limit applies to any 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 people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB302,1
4Section 1
. 893.587 (title) of the statutes is amended to read:
SB302,1,5
5893.587 (title)
Sexual assault of contact with a child; limitation.
SB302,2
1Section
2. 893.587 of the statutes is renumbered 893.587 (2) and amended to
2read:
SB302,2,73
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
5948.095 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 be
7commenced before the injured party reaches the age of
35 45 years or be barred.
SB302,3
8Section 3
. 893.587 (1) of the statutes is created to read:
SB302,2,99
893.587
(1) In this section:
SB302,2,1310
(a) “Person" means an individual, corporation, business trust, estate, trust,
11partnership, limited liability company, association, joint venture, or government;
12governmental subdivision, agency, or instrumentality; public corporation; or any
13other legal or commercial entity.
SB302,2,1414
(b) “Sexual contact" has the meaning given in s. 940.225 (5) (b).
