S.B. 2439 Summary

• Creates a two-year window beginning July 1, 2024, allowing adults who were sexually abused after June 30, 2012, to file civil claims against their abusers despite previously expired statutes of limitations.

• Permits claims against legal entities (institutions, agencies, corporations, etc.) if the abuser was employed by the entity or the abuse occurred during an activity the entity controlled, but only allows damages upon a finding of gross negligence.

• Requires civil causes of action to be based on sexual acts that constituted or would have constituted criminal offenses under Hawaii Revised Statutes chapter 707, part V.

• Mandates plaintiffs' attorneys to file a sealed, confidential certificate of merit signed by a licensed therapist, counselor, psychologist, or clinical social worker stating reasonable basis to believe sexual abuse occurred.

• Allows defendants to recover attorney's fees if the court independently finds a false accusation was made with no factual basis and malicious intent, with a defendant's acquittal alone insufficient to support such a finding.