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Senate narrows civil statute for child sexual abuse, passes House Bill 92
Summary
Lawmakers voted to add a discovery rule and to narrow a proposed negligence cause of action in House Bill 92, which creates a civil statute of limitations for child sexual abuse; a floor amendment limiting negligence claims to parents and guardians passed and the bill was approved by the Senate.
SALT LAKE CITY — The Utah Senate on Feb. 24 passed House Bill 92, a measure creating a civil statute of limitations for child sexual abuse that includes a discovery rule for claims discovered after age 18.
Representative Julander, floor sponsor for the House bill, described the legislation as a way to allow civil claims where abuse is discovered later in life. During floor debate, senators expressed concern about the bill’s breadth and the potential for late civil suits against people who were not primary caregivers.
Senator Barlow offered a floor amendment that would define negligent conduct narrowly and limit negligence-based civil suits to victim parents, stepparents, adoptive parents or legal guardians who knew or reasonably should have known of the abuse and failed to act. “I have an amendment here that would define negligent, which means a failure to act to prevent the child[’s] sexual abuse from further occurring or to report the child’s sexual abuse to law enforcement when the adult who could know or who could act knows or reasonably should know of the child’s sexual abuse,” Senator Barlow said on the floor.
Opponents and supporters debated the amendment’s consequences and the risk of opening broad suits against third parties. Senator Hilliard and others warned about retroactivity and possible litigation; supporters pointed to experience in other states and urged passage to provide survivors an avenue for redress.
The Barlow amendment passed on a voice vote. After further discussion and a roll call, the Senate approved House Bill 92 (roll-call result recorded as 25 ayes, 3 absent in the transcript). The bill will return to the House for its further action.
What happens next: The House may consider the Senate amendment(s). The bill’s passage implements a discovery rule for child sexual‑abuse civil claims and narrows negligence-based liability on the Senate floor as amended.
