74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2366
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon State Bar Procedure and Practice
Committee)
CHAPTER ................
AN ACT
Relating to statutes of limitation; creating new provisions; and
amending ORS 12.160.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 12.160 is amended to read:
12.160. { - If, at the time the cause of action accrues, any
person entitled to bring an action mentioned in ORS 12.010 to
12.050, 12.070 to 12.250 and 12.276 is within the age of 18 years
or insane, the time of such disability shall not be a part of the
time limited for the commencement of the action; but the period
within which the action shall be brought shall not be extended
more than five years by any such disability, nor shall it be
extended in any case longer than one year after such disability
ceases. - }
{ + (1) Subject to subsection (2) of this section, if a
person is entitled to bring an action that is subject to the
statutes of limitation prescribed by ORS 12.010 to 12.050, 12.070
to 12.250 or 12.276, and at the time the cause of action accrues
the person is a child who is younger than 18 years of age, the
statute of limitation for commencing the action is tolled for so
long as the person is younger than 18 years of age.
(2) The time for commencing an action may not be extended under
subsection (1) of this section for more than five years, or for
more than one year after the person attains 18 years of age,
whichever occurs first.
(3) Subject to subsection (4) of this section, if a person is
entitled to bring an action that is subject to the statutes of
limitation prescribed by ORS 12.010 to 12.050, 12.070 to 12.250
or 12.276, and at the time the cause of action accrues the person
is insane, the statute of limitation for commencing the action is
tolled for so long as the person is insane.
(4) The time for commencing an action may not be extended under
subsection (3) of this section for more than five years, or for
more than one year after the person is no longer insane,
whichever occurs first.
(5) If a child's cause of action is tolled under subsection (1)
of this section, a cause of action for recovery of damages for
medical expenses incurred by a parent, guardian or conservator of
the child is tolled for the same period of time as the child's
cause of action if the medical expenses resulted from the same
Enrolled House Bill 2366 (HB 2366-INTRO) Page 1
wrongful conduct that is the basis of the child's cause of
action. + }
SECTION 2. { + The amendments to ORS 12.160 by section 1 of
this 2007 Act apply only to causes of action arising on or after
the effective date of this 2007 Act. + }
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Passed by House March 12, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 17, 2007
...........................................................
President of Senate
Enrolled House Bill 2366 (HB 2366-INTRO) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2366 (HB 2366-INTRO) Page 3