HB 870

            
2020 SESSION

20101454D

HOUSE BILL NO. 870


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 8.01-243 of the Code of 
 Virginia, relating to statute of limitations; sexual abuse.
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Patron-- Bourne

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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.
 
 
D1. For a 
 cause of action accruing on or after July 1, 2020, 
 every action for injury to the person, whatever the theory of recovery, 
 resulting from sexual abuse shall be brought within 20 years after the cause of 
 action accrues.
 
 
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.