HB1367112th GA (Historical)Introduced

Amends TCA Title 28, Chapter 3; Title 55, Chapter 8 and Title 55, Chapter 9.

Present law establishes a statute of limitations of one year after the cause of action accrued for the following personal tort actions: actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise; civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and actions for statutory penalties. Present law extends the statute of limitations to two years after the cause of action accrued if criminal charges are brought against any person alleged to have caused or contributed to the injury; the conduct, transaction, or occurrence that gives rise to the cause of action for civil damages is the subject of a criminal prosecution commenced within one year by a law enforcement officer, a district attorney general, or a grand jury; and the cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct.<br /> <br /> This bill adds that the statute of limitations will not be extended as described above if the charges are for a traffic offense that is classified as a Class B or C misdemeanor or a violation of a municipal ordinance.<br />

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Overview

Present law establishes a statute of limitations of one year after the cause of action accrued for the following personal tort actions: actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise; civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and actions for statutory penalties. Present law extends the statute of limitations to two years after the cause of action accrued if criminal charges are brought against any person alleged to have caused or contributed to the injury; the conduct, transaction, or occurrence that gives rise to the cause of action for civil damages is the subject of a criminal prosecution commenced within one year by a law enforcement officer, a district attorney general, or a grand jury; and the cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct.<br /> <br /> This bill adds that the statute of limitations will not be extended as described above if the charges are for a traffic offense that is classified as a Class B or C misdemeanor or a violation of a municipal ordinance.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 22, 2021

Subjects
4521487548350800

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