Wednesday, March 16, 2011

2011 Virginia General Assembly Passes New Law for Sexual Abuse Victims

Legislation passed by Virginia House and Senate and heading to the Governor for his signature: 
Statute of Limitations:  Victims of Sexual Abuse will have 20 years to file civil suits, instead of 2 years.

Summary as Passed:

Torts; sexual abuse; limitations period.  Extends the limitations period for actions for sexual abuse committed during the infancy or incapacity of the abused person from 2 to 20 years from the time of the removal of the infancy or from the time the cause of action otherwise accrues.  HB 1476 passed unanimously!  Same as bill introduced in Senate - that bill passed Senate with amendment (38 yes, 2 no).

See Code of Virginia Section 8.01-243 is amended and reenacted as follows:...

That Section 8.01-243 of the Code of Virginia is amended and reenacted as follows:

1.   D.  Every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring during the infancy or incapacity of the person as set forth in subdivision 6 of Section 8.01-249 shall be brought within 20 years after the cause of action accrues.

Co-Patrons in House of Delegates:  Vivian E. Watts (D) and David B. Albo (R)
Patron of Senate Bill:  Frederick M. Quayle (R)
Significant Senator speaking for the bill:  Senator John S. Edwards (D)

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