GIAGO: Addressing the most discriminatory bill ever passed in South Dakota

SOUTH DAKOTA
Native American Times

20 February 2012 Tim Giago (Nanwica Kciji)

Representative Steve Hickey (R-Sioux Falls) introduced a bill to repeal a bill that was passed last year that set a statute of limitation for child sex abuse civil suits.

House Bill 1104 was slipped quietly through the state legislature last year even drawing the support of the Representative from the Pine Ridge Reservation, Jim Bradford. The bill limited the time to file civil suits to three years from the time a victim was abused or three years from the time a victim reasonably discovered they were harmed by the abuse. The bill also read that those that had not reached the age of 40 could still file a suit.

Since nearly all of those involved in lawsuits against the Catholic Church for child sexual abuse are far past the age of 40 and nearly all of them are Native Americans, House Bill 1104 was clearly one of most discriminatory bills ever introduced and passed by the South Dakota State legislators.

But here is the clincher as explained by Rep. Hickey. “In 2010 an attorney for a Catholic Church who is presently litigating cases for the Church in our state drafted Bill 1104 to place an arbitrary and discriminatory statute of limitations on childhood sex abuse civil litigations. The bill was not circulated for co-sponsors and no opponent testimony. Those affected by it did not know about it until it passed. The fact that it was drafted by a church attorney so it would shelter his client; those details were not mentioned on the House or Senate floor.”

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