Bill Text: IA SF2134 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act modifying the periods of time to bring certain civil actions, including by victims of sexual abuse, minors, and persons with mental illness, and including effective date provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-31 - Subcommittee: Garrett, Edler, and Petersen. S.J. 196. [SF2134 Detail]

Download: Iowa-2017-SF2134-Introduced.html

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Senate File 2134 - Introduced




                                 SENATE FILE       
                                 BY  PETERSEN

                                      A BILL FOR

  1 An Act modifying the periods of time to bring certain civil
  2    actions, including by victims of sexual abuse, minors, and
  3    persons with mental illness, and including effective date
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 614.1, subsection 12, Code 2018, is
  1  2 amended to read as follows:
  1  3    12.  Sexual abuse or sexual exploitation by a counselor,
  1  4 therapist, or school employee.  An action for damages for
  1  5 injury suffered as a result of sexual abuse, as defined in
  1  6 section 709.1, by a counselor, therapist, or school employee,
  1  7 as defined in section 709.15, or as a result of sexual
  1  8 exploitation by a counselor, therapist, or school employee
  1  9 shall be brought within five ten years of the date the victim
  1 10 was last treated by the counselor or therapist, or within
  1 11 five ten years of the date the victim was last enrolled in or
  1 12 attended the school.
  1 13    Sec. 2.  Section 614.8, Code 2018, is amended to read as
  1 14 follows:
  1 15    614.8  Minors and persons with mental illness.
  1 16    1.  The times limited for actions in this chapter, or for
  1 17 complaints or claims in chapter 216, 669, or 670, except those
  1 18 brought for penalties and forfeitures, are extended in favor
  1 19 of persons with mental illness, so that they shall have one
  1 20 year from and after the termination of the disability within
  1 21 which to file a complaint pursuant to chapter 216, to make a
  1 22 claim pursuant to chapter 669 or 670, or to otherwise commence
  1 23 an action.
  1 24    2.  Except as provided in section 614.1, subsection 9, or
  1 25 section 614.8A, the times limited for actions in this chapter,
  1 26 or for complaints or claims in chapter 216, 669, or 670, except
  1 27 those brought for penalties and forfeitures, are extended in
  1 28 favor of minors, so that they shall have one year from and
  1 29 after attainment of majority within which to file a complaint
  1 30 pursuant to chapter 216, to make a claim pursuant to chapter
  1 31 669, or to otherwise commence an action.
  1 32    Sec. 3.  Section 614.8A, Code 2018, is amended to read as
  1 33 follows:
  1 34    614.8A  Damages Commencement of action for minor or child
  1 35 sexual abuse == time limitation.
  2  1    1.  Notwithstanding section 614.8, subsection 2, and the
  2  2 times limited for actions in this chapter, the time to file an
  2  3 action relating to sexual abuse which occurred when the injured
  2  4 person was a minor is extended twenty=five years beyond the
  2  5 minor's attainment of eighteen years of age.
  2  6    2.  An In addition to the extension of time provided in
  2  7 subsection 1, an action for damages for injury suffered as
  2  8 a result of sexual abuse which occurred when the injured
  2  9 person was a child, but not discovered until after the injured
  2 10 person is of the age of majority, shall be brought within four
  2 11  twenty=five years from the time of discovery by the injured
  2 12 party of both the injury and the causal relationship between
  2 13 the injury and the sexual abuse.
  2 14    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2 15 immediate importance, takes effect upon enactment.
  2 16                           EXPLANATION
  2 17 The inclusion of this explanation does not constitute agreement with
  2 18 the explanation's substance by the members of the general assembly.
  2 19    This bill modifies the periods of time to bring civil actions
  2 20 relating to young persons and persons with mental illness.
  2 21    Under current Code section 614.1(12), a civil action for
  2 22 damages for injury suffered as result of sexual abuse, as
  2 23 defined in Code section 709.1, or sexual exploitation, by a
  2 24 counselor, therapist, or school employee, each as defined in
  2 25 Code section 709.15, can only be brought within five years
  2 26 after the date that the victim was either last treated by the
  2 27 counselor or therapist or last enrolled in or attended the
  2 28 school. The bill amends the current law to provide that a
  2 29 victim may bring such an action within 10 years of the date
  2 30 that the victim was either last treated by the counselor or
  2 31 therapist or last enrolled in or attended the school.
  2 32    Under current Code section 614.8, the applicable limitations
  2 33 period in which to bring certain civil actions is extended for
  2 34 persons with mental illness and minors. Under current Code
  2 35 section 670.2, a municipality is subject to liability for the
  3  1 municipality's torts and those of the municipality's officers
  3  2 and employees, acting within the scope of such officers'
  3  3 and employees' employment or duties. Under current Code
  3  4 section 670.5, an action for damages for an injury against a
  3  5 municipality cannot be brought after two years of the alleged
  3  6 injury, except as provided in Code section 614.8.
  3  7    The bill amends Code section 614.8 to specify that the
  3  8 extension of the limitations period for persons with mental
  3  9 illness and for minors applies to claims brought pursuant to
  3 10 Code chapter 670, which chapter is already referenced at the
  3 11 beginning of the sentences extending the limitations period.
  3 12    The amendment to Code section 614.8A in the bill extends
  3 13 the time for filing a civil action relating to sexual abuse
  3 14 which occurred when the injured person was a minor from one
  3 15 year after the attainment of majority to 25 years after the
  3 16 attainment of majority.
  3 17    The amendment to Code section 614.8A in the bill also
  3 18 provides that a civil action for damages relating to sexual
  3 19 abuse which occurred when the injured party was a child shall
  3 20 be brought within 25 years from the time of the discovery of
  3 21 both the injury and the causal relationship between the injury
  3 22 and the sexual abuse.  Current law specifies such an action
  3 23 shall be brought within four years from the time of discovery
  3 24 of both the injury and the causal relationship between the
  3 25 injury and the sexual abuse.
  3 26    The bill takes effect upon enactment.
       LSB 6010XS (2) 87
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