HB 2236--
Session of 1997
By Representative O'Neal

8 AN ACT relating to civil procedure; repealing limitations on actions for 9 recovery of damages suffered as a result of childhood sexual abuse; 10 amending K.S.A. 60-515 and repealing the existing section; also re- 11 pealing K.S.A. 60-523. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 60-515 is hereby amended to read as follows: 60- 15 515. (a) Effect. Except as provided in K.S.A. 60-523, If any person entitled 16 to bring an action, other than for the recovery of real property or a penalty 17 or a forfeiture, at the time the cause of action accrued or at any time 18 during the period the statute of limitations is running, is less than 18 years 19 of age, an incapacitated person or imprisoned for a term less than such 20 person's natural life, such person shall be entitled to bring such action 21 within one year after the person's disability is removed, except that no 22 such action shall be commenced by or on behalf of any person under the 23 disability more than eight years after the time of the act giving rise to the 24 cause of action. 25 Notwithstanding the foregoing provision, if a person imprisoned for 26 any term has access to the court for purposes of bringing an action, such 27 person shall not be deemed to be under legal disability. 28 (b) Death of person under disability. If any person entitled to bring 29 an action dies during the continuance of any disability specified in sub- 30 section (a) and no determination is made of the cause of action accrued 31 to the deceased, any person entitled to claim from, by or under the de- 32 ceased, may commence such action within one year after the deceased's 33 death, but in no event shall any such action be commenced more than 34 eight years beyond the time of the act giving rise to the cause of action. 35 Sec. 2. K.S.A. 60-515 and 60-523 are hereby repealed. 36 Sec. 3. This act shall take effect and be in force from and after its 37 publication in the statute book.