Bill Text: IA SF2375 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the statute of limitations period for criminal and civil actions for sexual abuse in the first, second, or third degree, kidnapping, and human trafficking. (Formerly SSB 3032.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-25 - Fiscal note. [SF2375 Detail]
Download: Iowa-2019-SF2375-Introduced.html
Senate
File
2375
-
Introduced
SENATE
FILE
2375
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3032)
A
BILL
FOR
An
Act
relating
to
the
statute
of
limitations
period
for
1
criminal
and
civil
actions
for
sexual
abuse
in
the
first,
2
second,
or
third
degree,
kidnapping,
and
human
trafficking.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2375
Section
1.
Section
614.1,
Code
2020,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
11A.
Sexual
abuse.
An
action
for
damages
3
for
injury
suffered
as
a
result
of
sexual
abuse
in
the
first
4
degree
as
defined
in
section
709.2,
sexual
abuse
in
the
second
5
degree
as
defined
in
section
709.3,
or
sexual
abuse
in
the
6
third
degree
as
defined
in
section
709.4
may
be
commenced
at
7
any
time
after
the
commission
of
the
offense.
8
NEW
SUBSECTION
.
12A.
Kidnapping
and
human
trafficking.
An
9
action
for
damages
for
injury
suffered
as
a
result
of
10
kidnapping
as
defined
in
section
710.1
or
human
trafficking
as
11
defined
in
section
710A.2
may
be
commenced
at
any
time
after
12
the
commission
of
the
offense.
13
Sec.
2.
Section
614.8A,
Code
2020,
is
amended
to
read
as
14
follows:
15
614.8A
Damages
for
child
sexual
abuse
——
time
limitation.
16
1.
An
action
for
damages
for
injury
suffered
as
a
result
of
17
sexual
abuse
,
except
for
sexual
abuse
in
the
first
degree
as
18
defined
in
section
709.2,
sexual
abuse
in
the
second
degree
as
19
defined
in
section
709.3,
or
sexual
abuse
in
the
third
degree
20
as
defined
in
section
709.4,
which
occurred
when
the
injured
21
person
was
a
child,
but
not
discovered
until
after
the
injured
22
person
is
of
the
age
of
majority,
shall
be
brought
within
four
23
years
from
the
time
of
discovery
by
the
injured
party
of
both
24
the
injury
and
the
causal
relationship
between
the
injury
and
25
the
sexual
abuse.
26
2.
An
action
for
damages
for
injury
suffered
as
a
result
of
27
sexual
abuse
in
the
first
degree
as
defined
in
section
709.2,
28
sexual
abuse
in
the
second
degree
as
defined
in
section
709.3,
29
or
sexual
abuse
in
the
third
degree
as
defined
in
section
30
709.4
may
be
commenced
at
any
time
after
the
commission
of
the
31
offense.
32
Sec.
3.
Section
802.2,
Code
2020,
is
amended
to
read
as
33
follows:
34
802.2
Sexual
abuse
——
first,
second,
or
third
degree.
35
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1.
An
information
or
indictment
for
sexual
abuse
in
the
1
first,
second,
or
third
degree
committed
on
or
with
a
person
2
who
is
under
the
age
of
eighteen
years
shall
be
found
within
3
fifteen
years
after
the
person
upon
whom
the
offense
is
4
committed
attains
eighteen
years
of
age,
or
if
the
person
5
against
whom
the
information
or
indictment
is
sought
is
6
identified
through
the
use
of
a
DNA
profile,
an
information
or
7
indictment
shall
be
found
within
three
years
from
the
date
the
8
person
is
identified
by
the
person’s
DNA
profile,
whichever
is
9
later
may
be
commenced
at
any
time
after
the
commission
of
the
10
offense
.
11
2.
An
information
or
indictment
for
any
other
sexual
abuse
12
in
the
first,
second,
or
third
degree
shall
be
found
within
ten
13
years
after
its
commission,
or
if
the
person
against
whom
the
14
information
or
indictment
is
sought
is
identified
through
the
15
use
of
a
DNA
profile,
an
information
or
indictment
shall
be
16
found
within
three
years
from
the
date
the
person
is
identified
17
by
the
person’s
DNA
profile,
whichever
is
later.
18
3.
As
used
in
this
section
,
“identified”
means
a
person’s
19
legal
name
is
known
and
the
person
has
been
determined
to
be
20
the
source
of
the
DNA.
21
Sec.
4.
Section
802.2C,
Code
2020,
is
amended
to
read
as
22
follows:
23
802.2C
Kidnapping.
24
An
information
or
indictment
for
kidnapping
in
the
first,
25
second,
or
third
degree
committed
on
or
with
a
person
who
is
26
under
the
age
of
eighteen
years
shall
be
found
within
ten
27
years
after
the
person
upon
whom
the
offense
is
committed
28
attains
eighteen
years
of
age,
or
if
the
person
against
whom
29
the
information
or
indictment
is
sought
is
identified
through
30
the
use
of
a
DNA
profile,
an
information
or
indictment
shall
31
be
found
within
three
years
from
the
date
the
person
is
32
identified
by
the
person’s
DNA
profile,
whichever
is
later
may
33
be
commenced
at
any
time
after
the
commission
of
the
offense
.
34
Sec.
5.
Section
802.2D,
Code
2020,
is
amended
to
read
as
35
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follows:
1
802.2D
Human
trafficking.
2
An
information
or
indictment
for
human
trafficking
in
3
violation
of
section
710A.2
,
committed
on
or
with
a
person
4
who
is
under
the
age
of
eighteen
years
shall
be
found
within
5
ten
years
after
the
person
upon
whom
the
offense
is
committed
6
attains
eighteen
years
of
age,
or
if
the
person
against
whom
7
the
information
or
indictment
is
sought
is
identified
through
8
the
use
of
a
DNA
profile,
an
information
or
indictment
shall
9
be
found
within
three
years
from
the
date
the
person
is
10
identified
by
the
person’s
DNA
profile,
whichever
is
later
may
11
be
commenced
at
any
time
after
the
commission
of
the
offense
.
12
Sec.
6.
Section
802.10,
subsection
1,
paragraph
b,
Code
13
2020,
is
amended
to
read
as
follows:
14
b.
“Identified”
means
the
same
as
defined
in
section
802.2
a
15
person’s
legal
name
is
known
and
the
person
has
been
determined
16
to
be
the
source
of
the
DNA
.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
statute
of
limitations
period
for
21
criminal
and
civil
actions
for
sexual
abuse
in
the
first,
22
second,
or
third
degree;
kidnapping;
and
human
trafficking.
23
Under
current
law,
in
sexual
abuse,
kidnapping,
and
human
24
trafficking
cases,
an
injured
person
must
bring
a
civil
action
25
for
injuries
suffered
or
an
indictment
or
information
must
be
26
filed
within
certain
statutory
time
periods
dependent
upon
27
certain
circumstances
including
a
victim’s
age
and
whether
an
28
offender
was
identified
through
the
use
of
a
DNA
profile.
29
The
bill
allows
an
information
or
indictment
in
a
criminal
30
case,
or
a
civil
action
for
damages,
for
sexual
abuse
in
31
the
first,
second,
or
third
degree;
kidnapping;
or
human
32
trafficking,
to
commence
at
any
time
after
the
commission
of
33
the
offense.
The
bill
provides
that
a
civil
action
for
sexual
34
abuse
offenses,
other
than
sexual
abuse
in
the
first,
second,
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or
third
degree,
which
occurred
when
the
injured
person
was
a
1
child,
but
not
discovered
until
after
the
injured
person
is
2
the
age
of
majority,
shall
be
brought
within
four
years
from
3
the
time
of
discovery
by
the
injured
party
of
both
the
injury
4
and
the
causal
relationship
between
the
injury
and
the
sexual
5
abuse.
6
The
bill
makes
a
conforming
Code
change
to
Code
section
7
802.10
(DNA
profile
of
accused).
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