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SB 1234

Civil Procedure - As introduced, revives causes of action based on a sexual assault that occurred when the injured party was 18 years of age or older and are time-barred because the applicable statute of limitations has expired; allows such actions to be commenced within a certain time period. - Amends TCA Title 28, Chapter 3; Title 39 and Title 40.

114th Regular Session (2025-2026) Introduced by Ferrell Haile

Creates a one-time window (6 months to 2 years after July 1, 2025) to revive time-barred civil claims for sexual assaults occurring after age 18.

Assigned to General Subcommittee of Senate Judiciary Committee
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Bill Summary · SB 1234

Summary of Bill: SB 1234 / HB 1301 (Tennessee, 114th Legislature)

Overview

  • Purpose: Revive certain civil causes of action related to sexual assault that occurred when the injured party was 18 years or older and whose claims are time-barred by the applicable statute of limitations as of July 1, 2025. The revived actions may be commenced within a limited window: no earlier than six months after July 1, 2025 and no later than two years after July 1, 2025.
  • Jurisdiction: Tennessee
  • Authors/SpOnsors: Prime bill by Sen. Haile (SB 1234); House companion HB 1301 by Rep. Grills; co-sponsored by Sen. Ferrell Haile.

Key Provisions

  1. New revival provision (TCA Title 28, Chapter 3, Part 1)

    • A civil action or an injury/illness claim based on a sexual assault that occurred when the injured person was 18 or older, and which is barred as of July 1, 2025 due to expiration of the statute of limitations, is revived.
    • The revived action may be commenced:
      • Not earlier than six (6) months after July 1, 2025.
      • Not later than two (2) years after July 1, 2025.
    • This revival applies notwithstanding existing limitations periods under:
      • § 28-3-104 (tolling/filing deadlines for certain actions) and
      • § 28-3-118 (specific limitations for actions involving certain injuries).
    • Scope of “sexual assault” defined for revival:
      • Rape offenses as per § 39-13-502, § 39-13-503, or § 39-13-534.
      • Sexual battery as per § 39-13-504, § 39-13-505, or § 39-13-527.
      • Incest as per § 39-15-302.

  2. No dismissal for prior action (relating to revival)

    • If a previous civil action was dismissed before July 1, 2025 on grounds that it was time-barred, that dismissal is not a bar to revival under this section.

  3. Effective date

    • The act takes effect July 1, 2025.

Who/What Is Affected

  • Potential plaintiffs: Individuals who experienced sexual assault after turning 18 and whose civil claims were time-barred as of July 1, 2025.
  • Potential defendants: Defendants in revived actions (commonly individuals or entities subject to civil claims for sexual assault).
  • Civil actions: Revival applies to tort claims for injuries or illnesses based on sexual assault.

Procedural and Timeline Details

  • Window to file revived actions: Six months after July 1, 2025 through two years after July 1, 2025 (i.e., roughly January 1, 2026 to July 1, 2027, assuming exact calendar calculations; the bill specifies the six-month start and two-year end after July 1, 2025).
  • Respect for existing limitations: The revival operates as a separate, time-limited window and does not alter ongoing statute-of-limitations rules for other cases outside the revival.
  • Judicial impact: Fiscal note indicates the overall fiscal impact is not significant; assumes courts can handle potential increase in caseload within existing resources.

Fiscal and Policy Notes

  • Fiscal impact: Not significant; limited anticipated increase in cases within the revival period.
  • Enforcement/implementation: Courts would handle revival filings consistent with the new window; prior-dismissed actions can be revived if they fall within the revived category and timing.

Summary

SB 1234 / HB 1301 creates a one-time, time-limited opportunity to revive time-barred civil claims for sexual assaults occurring when the victim was 18 or older. Eligible revived actions must be filed within six months to two years after July 1, 2025, and may proceed despite previously expired statutes of limitations. The measure includes protections around previously dismissed actions and defines “sexual assault” to include rape, sexual battery, and incest as specified in state law. The act takes effect July 1, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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