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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