Iowa-2017-SF2134-Introduced
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.
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