Bill > LB1097

This bill, known as the State and Political Subdivisions Sexual Abuse Liability Act, establishes that the state and its political subdivisions (such as cities, counties, and school districts) can be held liable for sexual abuse of children and individuals with developmental disabilities, similar to how private entities would be. It defines key terms like "child sexual abuse" and "sexual abuse" by referencing specific state laws, and clarifies that "developmental disability" has the same meaning as in existing law. The act waives the state's and political subdivisions' sovereign immunity, meaning they cannot claim immunity from lawsuits for these specific types of abuse. Importantly, actions brought under this new act are exempt from the limitations and requirements of the Political Subdivisions Tort Claims Act and the State Tort Claims Act, which are existing laws governing claims against government entities, including aspects like notice periods, jury trials, and damage caps. The bill also modifies statutes of limitations, allowing victims of child sexual abuse and individuals with developmental disabilities who have experienced sexual abuse to bring claims against government entities, with specific timeframes for filing lawsuits depending on whether the claim is against the direct perpetrator or another entity, and clarifies that criminal prosecution is not a prerequisite for a civil action under this act.

Justice

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=63142