AN ACT relating to childhood sexual assault or abuse.

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AN ACT relating to childhood sexual assault or abuse. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 413.249 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Childhood sexual assault or abuse" means an act or series of acts against a 5
person less than eighteen (18) years old and that[which] meets the criteria 6
defining a misdemeanor or felony in: 7
1. KRS Chapter 510; 8
2. KRS 529.040 when the defendant advances or profits from the 9
prostitution of a minor; 10
3. KRS 529.100 when the offense involves commercial sexual activity; 11
4. KRS 529.110 when the offense involves commercial sexual activity; 12
5. KRS 530.020 or 530.064(1)(a); 13
6. KRS Chapter 531 involving a minor or depiction of a minor; or 14
7. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit 15
any of the offenses described in subparagraphs 1. to 6. of this paragraph. 16
No prior criminal prosecution or conviction of the civil defendant for the act 17
or series of acts shall be required to bring a civ il action for redress of 18
childhood sexual assault or abuse; 19
(b) "Entity" means a firm, partnership, company, corporation, trustee, association, 20
or any private or public entity, including the Commonwealth, a city, county, 21
urban-county, consolidated local go vernment, unified local government, or 22
charter county government, or any of their agencies, departments, or any KRS 23
58.180 nonprofit nonstock corporation; and 24
(c) "Injury or illness" means either a physical or psychological injury or illness. 25
(2) A civil a ction for recovery of damages for injury or illness suffered as a result of 26
childhood sexual assault or abuse is not subject to a period of limitations and may 27
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be commenced at any time [shall be brought within ten (10) years after the victim 1
attains the age of eighteen (18) years. 2
(3) The time period set forth in subsection (2) of this section shall apply to a civil 3
action for recovery of damages for injury or illness] against: 4
(a) A person alleged to have committed the act of childhood sexual assault or 5
abuse; or 6
(b) An entity that owed a duty of care to the plaintiff, where a wrongful or 7
negligent act by an employee, officer, director, official, volunteer, 8
representative, or agent of the entity was a legal cause of the childhood sexual 9
assault or abuse that resulted in the injury or illness to the plaintiff. 10
(3)[(4)] The complaint shall be accompanied by a motion to seal the record and the 11
complaint shall immediately be sealed by the clerk of the court. The complaint shall 12
remain sealed until: 13
(a) The court rules upon the motion to seal; 14
(b) Any motion to dismiss under CR 12.02 is ruled upon, and if the complaint is 15
dismissed, the complaint and any related papers or pleadings shall remain 16
sealed unless opened by a higher court; or 17
(c) The defendant files an a nswer and a motion to seal the record upon grounds 18
that a valid factual defense exists, to be raised in a motion for summary 19
judgment pursuant to CR 56. The record shall remain sealed by the clerk until 20
the court rules upon the defendant's motion to close the record. If the court 21
grants the motion to close, the record shall remain sealed until the defendant's 22
motion for summary judgment is granted. The complaint, motions, and other 23
related papers or pleadings shall remain sealed unless opened by a higher 24
court. 25
(4)[(5)] A victim of childhood sexual assault or abuse shall not have a cause of action 26
against a third party, unless the third party failed to act as a reasonable person or 27
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entity in complying with their duties to the victim. 1
(5)[(6)] (a) Neither the husband-wife nor any professional -client/patient privilege, 2
except the attorney -client and clergy -penitent privilege, shall be a ground for 3
excluding evidence regarding childhood sexual assault or abuse or the cause 4
thereof when an exception to the Kentuc ky Rules of Evidence is met, in any 5
judicial proceeding. This subsection shall also apply in any criminal 6
proceeding in District or Circuit Court regarding childhood sexual assault or 7
abuse. 8
(b) As used in paragraph (a) of this subsection, the clergy -penitent privilege is 9
limited to information received solely through confidential communications 10
with a clergy member, privately or in a confessional setting, when in the 11
course of the discipline or practice of the clergy member's church, 12
denomination, or organ ization, he or she is authorized or accustomed to 13
hearing those communications, and under the discipline, tenets, customs, or 14
practices of his or her church, denomination, or organization, has a duty to 15
keep those communications secret. 16
(6)[(7)] (a) As was its intention with the passage of 2017 Ky. Acts ch. 114, sec. 2, 17
the General Assembly hereby states that the amendments enacted in 2017 Ky. 18
Acts ch. 114, sec. 2 shall be applied retroactively to actions accruing before its 19
effective date of June 29, 2017. This section is a remedial statute which is to 20
be given the most liberal interpretation to provide remedies for victims of 21
childhood sexual assault or abuse. 22
(b) Notwithstanding any provision of law to the contrary, any claim for childhood 23
sexual assault or abuse that was barred as of March 23, 2021, because the 24
applicable statute of limitations had expired is hereby revived, and the action 25
may be brought if commenced within five (5) years of the date on which the 26
applicable statute of limitations expired. 27