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DE HB417

Bill

Status

Engrossed

6/26/2024

Primary Sponsor

Timothy Dukes

Click for details

Origin

House of Representatives

152nd General Assembly

AI Summary

  • Removes the 2-year statute of limitations window that expired in 2009 under Delaware's 2007 Child Victims Act, allowing survivors of child sexual abuse to file civil claims at any time without a deadline.

  • Applies retroactively to survivors whose claims were previously barred due to expiration of the former statute of limitations, including those abused before July 9, 2005.

  • Permits survivors to file claims in Delaware Superior Court against both individual abusers and institutions that owed a duty of care to the victim, with damages against institutions awarded only upon finding of gross negligence.

  • Aligns Delaware with 22 other states that have enacted similar Child Victim Act legislation, including recent examples like Maryland's 2023 Child Victims Act which removed all statute of limitations for child sexual abuse claims.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To The Statute Of Limitations For Civil Claims Based On Sexual Abuse Of A Minor.

Last Action

Laid On Table in Senate

6/30/2024

Committee Referrals

Judiciary5/22/2024

Full Bill Text

No bill text available