HB2453113th GA (Historical)Introduced

Amends TCA Title 28 and Title 29.

Present law requires that the following actions be commenced within one year after the cause of action accrued: (i) actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise; (ii) civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and (iii) actions for statutory penalties. However, a cause of action listed in (i)-(iii) above must be commenced within two years after the cause of action accrued, if the following occurs: (1) Criminal charges are brought against any person alleged to have caused or contributed to the injury; (2) 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 (3) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct. CAUSE OF ACTION FOR WRONGFUL DEATH This bill requires a cause of action for wrongful death to be commenced within three years after the cause of action accrued, except as provided under state law relative to limitations on actions for defective improvement of real estate.

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Overview

Present law requires that the following actions be commenced within one year after the cause of action accrued: (i) actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise; (ii) civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and (iii) actions for statutory penalties. However, a cause of action listed in (i)-(iii) above must be commenced within two years after the cause of action accrued, if the following occurs: (1) Criminal charges are brought against any person alleged to have caused or contributed to the injury; (2) 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 (3) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct. CAUSE OF ACTION FOR WRONGFUL DEATH This bill requires a cause of action for wrongful death to be commenced within three years after the cause of action accrued, except as provided under state law relative to limitations on actions for defective improvement of real estate.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2024

Subjects
403112570800

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