HB73 eliminates the statute of limitations for civil actions seeking damages for childhood sexual abuse. Under current law, survivors generally must file by age 24 or within three years of first disclosing the abuse to a licensed medical or mental health provider; this bill removes those deadlines and allows such actions to be commenced at any time. The bill defines childhood sexual abuse by reference to conduct that would constitute criminal sexual penetration of a minor, criminal sexual contact of a minor, or sexual exploitation of children.
The bill also makes the change retroactive. It applies to all non-pending childhood sexual abuse claims regardless of when the abuse occurred and even if the prior limitations period had already expired before the act’s effective date. In practical terms, HB73 would reopen the courthouse doors for many adult survivors whose claims were previously time-barred and would prevent future claims from expiring based on age or delayed disclosure.
Impact
HB73 amends Section 37-1-30 NMSA 1978 and overrides other general limitations provisions in Section 37-1-8 for childhood sexual abuse claims. It removes filing deadlines for civil damages actions arising from childhood sexual abuse and applies the change retroactively to previously expired claims that are not currently pending. The bill primarily affects survivors of childhood sexual abuse, alleged perpetrators, institutions that may face civil liability, and courts that may see older claims filed after enactment.
Sentiment
The available voting history shows strong support for the bill: it passed the House on final passage by a unanimous 64-0 vote. No committee transcripts were provided, but the vote suggests broad bipartisan agreement and a generally favorable sentiment toward expanding survivors’ ability to seek civil remedies.
Contention
No recorded committee debate is available, and the final House vote was unanimous, so there is no documented floor-level opposition in the provided materials. The main policy issue inherent in the bill is its retroactive reopening of claims that were previously time-barred, which can raise concerns for defendants, insurers, and institutions about stale evidence and long-delayed liability. Supporters, by contrast, are likely to emphasize access to justice for survivors and the reality that disclosure and filing often occur years after abuse.