MontanaBill would let survivors seek damages for childhood abuse at any time
This failed bill proposed allowing people abused as children to seek damages from the abuser at any time and reviving some claims against organizations.
What it does
The bill proposes letting people seek damages from the person who abused them as children at any time, for injuries caused by the abuse.
The bill proposes reviving some claims against organizations that knew about unlawful sexual conduct by someone acting for them and failed to take reasonable steps to prevent more.
Argument forPeople abused as children could seek damages from the person who harmed them even after the usual filing deadlines have passed.
Argument againstPeople and organizations accused of causing harm could face claims based on old events, especially when records or witnesses are harder to find.
More detail
The bill proposes allowing a person to seek damages from the individual who committed childhood sexual abuse at any time. The person harmed must have been under 18 when the abuse happened. The act must fit one of the listed offenses or a similar law in effect at the time. The claim must seek damages for injury caused by the abuse. The text says the claim may be brought at any time; it gives no start date.
The bill proposes reviving certain damages claims against an organization when a court finds it knew about unlawful sexual conduct and failed to take reasonable steps to prevent more. The claim must seek damages from an organization that owed the injured person a duty of care, and the wrongful or negligent act of someone acting for the organization must have legally caused the abuse and resulting injury. The court must base its finding on documents or admissions showing the organization knew, had reason to know, or was otherwise on notice of unlawful sexual conduct by someone acting for it. The text says such a claim may be brought within one year of May 7, 2019.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 23(S) Died in ProcessDied
- Apr 15(H) Reconsidered Previous Action
- Vote recorded ReconsAction - Elverum. Result: fail.Lower
- Apr 14(H) 2nd ReadingMinor
- Vote recorded Do Concur. Result: fail.Lower
- Apr 14(H) Scheduled for 2nd ReadingMinor
- Apr 11(H) Take from Committee; Place on 2nd Reading - (H) JudiciaryMinor
- Vote recorded Take from table in JUH to second reading - Sullivan. Result: pass.Lower
- Apr 9(H) Tabled in Committee - (H) JudiciaryMinor
- Vote recorded to_table. Result: pass.Lower
- Apr 7(H) Hearing - (H) Judiciary
- Mar 3(H) 1st Reading
- Mar 3(H) Referred to Committee - (H) JudiciaryMinor
- Mar 1(S) Transmitted to House
- Vote recorded Do Pass. Result: pass.Upper
- Mar 1(S) 3rd Reading
- Mar 1(S) Scheduled for 3rd ReadingMinor
- Feb 28(S) 2nd ReadingMinor
- Vote recorded Do Pass. Result: pass.Upper
- Feb 28(S) Scheduled for 2nd ReadingMinor
- Feb 26(S) Committee Report - (S) Judiciary
- Vote recorded do_pass. Result: pass.Upper
- Feb 26(S) Committee Executive Action - (S) Judiciary
- Feb 25(S) Hearing - (S) Judiciary
- Feb 14(S) Referred to Committee - (S) JudiciaryMinor
- Feb 13(S) 1st Reading
- Feb 13(S) Introduced
- Feb 11(LC) Draft Delivered to Requester
- 2024
- Dec 10(LC) Draft Ready for Delivery
- Dec 9(LC) Draft in Assembly
- Dec 6(LC) Draft in Final Drafter Review
- Dec 5(LC) Draft in Input/Proofing
- Nov 27(LC) Draft in Edit
- Nov 25(LC) Draft in Legal Review
- Sep 4(LC) Drafter AssignedIntroduced
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