CHILDHOOD SEXUAL ABUSE STATUTE OF LIMITATIONS

HB0069

HOUSE BILL 69

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Marianna Anaya
and
Mimi Stewart

AN ACT

RELATING TO LIMITATIONS ON CIVIL ACTIONS BASED ON CHILDHOOD
SEXUAL ABUSE; EXTENDING THE TIME PERIOD TO COMMENCE AN ACTION
BASED ON CHILDHOOD SEXUAL ABUSE; PROVIDING THAT SECTION 37-1-30
NMSA 1978 (BEING LAWS 1993, CHAPTER 136, SECTION 1, AS AMENDED)
IS THE ONLY STATUTORY TIME OR PROCEDURAL LIMITATION ON
COMMENCING AN ACTION BASED ON CHILDHOOD SEXUAL ABUSE; PROVIDING
THAT ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE THAT ARE BARRED ON
OR BEFORE JULY 1, 2026 ARE RETROACTIVELY REVIVED AND THAT THOSE
ACTIONS MAY BE COMMENCED NO LATER THAN JUNE 30, 2029.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 37-1-30 NMSA 1978 (being Laws 1993,
Chapter 136, Section 1, as amended) is amended to read:

"37-1-30. ACTION FOR DAMAGES DUE TO CHILDHOOD SEXUAL
ABUSE--LIMITATION ON ACTIONS.--

A. An action for damages based on personal injury
caused by childhood sexual abuse shall be commenced by a person
before the latest of the following dates:

(1) the first instant of the person's [
twenty-fourth
]
fifty-eighth
birthday; or

(2) three years from the date that a person
first disclosed the person's childhood sexual abuse to a
licensed medical or mental health care provider in the context
of receiving health care from the provider.

B. As used in this section, "childhood sexual
abuse" means conduct that, if prosecuted in a criminal matter,
would constitute a violation of:

(1) Section 30-9-11 NMSA 1978, regarding
criminal sexual penetration of a minor;

(2) Section 30-9-13 NMSA 1978, regarding
criminal sexual contact of a minor; or

(3) the Sexual Exploitation of Children Act.

[
C. The provisions of Section 37-1-8 NMSA 1978 and
any statutes of limitation therein shall not apply to causes of
action for childhood sexual abuse.
]

C. The limitation provided in Subsection A of this
section is the only statutory time or procedural limitation on
commencing an accrued action for damages based on personal
injury caused by childhood sexual abuse, regardless of whether
the action is against a private person or public entity.

D. An action for damages based on personal injury
caused by childhood sexual abuse that is barred on or before
July 1, 2026 due to a statutory time or procedural limitation
is retroactively revived and may be commenced no later than
June 30, 2029.
"

SECTION 2.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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