Introduced in House Passed House Introduced in Senate Passed Senate Became Law
12/30/2019     01/22/2020  

Limitations period; previously time-barred actions, sexual abuse, three-year time period to file.

Creates a three-year time period within which persons previously time-barred from filing an action for injury to such person for sexual abuse occurring during the infancy or incapacity of such person due to the expiration of the statute of limitations may file such an action.

Date Version PDF TXT
12/30/2019 House: Prefiled and ordered printed; offered 01/08/20 20102981D Open

            

2020 SESSION

    20102981D
    HOUSE BILL NO. 290
    Offered January 8, 2020
    Prefiled December 30, 2019
    A BILL to amend and reenact � 8.01-243 of the Code of Virginia, relating to limitations period; previously time-barred actions; sexual abuse; three-year time period to file.
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    Patron-- Gooditis
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    Referred to Committee for Courts of Justice
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    Be it enacted by the General Assembly of Virginia:

    1. That � 8.01-243 of the Code of Virginia is amended and reenacted as follows:

    8.01-243. Personal action for injury to person or property generally; extension in actions for malpractice against health care provider.

    A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.

    B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues. An infants claim for medical expenses pursuant to subsection B of � 8.01-36 accruing on or after July 1, 2013, shall be governed by the applicable statute of limitations that applies to the infants cause of action.

    C. The two-year limitations period specified in subsection A shall be extended in actions for malpractice against a health care provider as follows:

    1. In cases arising out of a foreign object having no therapeutic or diagnostic effect being left in a patients body, for a period of one year from the date the object is discovered or reasonably should have been discovered;

    2. In cases in which fraud, concealment, or intentional misrepresentation prevented discovery of the injury within the two-year period, for one year from the date the injury is discovered or, by the exercise of due diligence, reasonably should have been discovered; and

    3. In a claim for the negligent failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma, for a period of one year from the date the diagnosis of a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma is communicated to the patient by a health care provider, provided that the health care providers underlying act or omission was on or after July 1, 2008, in the case of a malignant tumor or cancer or on or after July 1, 2016, in the case of an intracranial, intraspinal, or spinal schwannoma. Claims under this section for the negligent failure to diagnose a malignant tumor or cancer, where the health care providers underlying act or omission occurred prior to July 1, 2008, shall be governed by the statute of limitations that existed prior to July 1, 2008. Claims under this section for the negligent failure to diagnose an intracranial, intraspinal, or spinal schwannoma, where the health care providers underlying act or omission occurred prior to July 1, 2016, shall be governed by the statute of limitations that existed prior to July 1, 2016.

    However, the provisions of this subsection shall not apply to extend the limitations period beyond 10 years from the date the cause of action accrues, except that the provisions of subdivision A 2 of � 8.01-229 shall apply to toll the statute of limitations in actions brought by or on behalf of a person under a disability.

    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 � 8.01-249 shall be brought within 20 years after the cause of action accrues. Beginning on July 1, 2020, persons who have been time-barred from filing such an action due to the expiration of such limitations period, shall be permitted to file such an action before July 1, 2023.

    E. Every action for injury to property brought by the Commonwealth against a tort-feasor for expenses arising out of the negligent operation of a motor vehicle shall be brought within five years after the cause of action accrues.

    Picture Name From Date Type
    Gwendolyn W. (Wendy) Gooditis D-Richmond Sponsor
    Date Branch Action
    01/22/2020 House House: Subcommittee recommends striking from docket (7-Y 0-N)
    12/30/2019 House House: Prefiled and ordered printed; offered 01/08/20 20102981D
    12/30/2019 House House: Referred to Committee for Courts of Justice
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