Bill Text: IA SF32 | 2021-2022 | 89th General Assembly | Introduced
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, entitling certain cases to a preference in trial order, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-12 - Subcommittee: Sinclair, Johnson, and Petersen. S.J. 79. [SF32 Detail]
Download: Iowa-2021-SF32-Introduced.html
Senate
File
32
-
Introduced
SENATE
FILE
32
BY
PETERSEN
A
BILL
FOR
An
Act
modifying
the
periods
of
time
to
bring
certain
civil
1
actions,
including
by
victims
of
sexual
abuse,
minors,
and
2
persons
with
mental
illness,
entitling
certain
cases
to
a
3
preference
in
trial
order,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
602.1205,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
a.
The
district
court
shall
try
civil
3
cases
in
the
order
in
which
cases
are
initiated
by
the
filing
4
of
a
petition,
provided
that
the
following
cases
shall
be
5
entitled
to
a
preference:
6
(1)
Actions
that
have
been
revived
pursuant
to
section
7
614.1,
subsection
12,
paragraph
“b”
,
or
section
614.8A,
8
subsection
2.
9
(2)
An
action
in
which
the
interests
of
justice,
as
10
determined
by
the
supreme
court,
will
be
served
by
early
trial.
11
b.
The
court
shall
adopt
rules
to
implement
this
subsection.
12
c.
Unless
the
court
otherwise
orders,
notice
of
a
motion
13
for
preference
shall
be
served
with
the
petition
by
the
party
14
serving
the
petition,
or
ten
days
after
such
service
by
any
15
other
party.
16
Sec.
2.
Section
614.1,
subsection
12,
Code
2021,
is
amended
17
to
read
as
follows:
18
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
19
therapist,
or
school
employee.
20
a.
(1)
An
If
the
victim
was
eighteen
years
of
age
or
older,
21
an
action
for
damages
for
injury
suffered
as
a
result
of
sexual
22
abuse,
as
defined
in
section
709.1
,
by
a
counselor,
therapist,
23
or
school
employee,
as
defined
in
section
709.15
,
or
as
a
24
result
of
sexual
exploitation
by
a
counselor,
therapist,
or
25
school
employee
shall
be
brought
within
five
years
of
the
date
26
the
victim
was
last
treated
by
the
counselor
or
therapist,
or
27
within
five
years
of
the
date
the
victim
was
last
enrolled
in
28
or
attended
the
school.
29
(2)
If
the
victim
was
a
minor,
an
action
for
damages
for
30
injury
suffered
as
a
result
of
sexual
abuse,
as
defined
in
31
section
709.1,
by
a
counselor,
therapist,
or
school
employee,
32
as
defined
in
section
709.15,
or
as
a
result
of
sexual
33
exploitation
by
a
counselor,
therapist,
or
school
employee
may
34
be
brought
at
any
time.
35
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b.
(1)
Notwithstanding
paragraph
“a”
,
subparagraph
(2),
1
every
claim
or
cause
of
action
brought
against
any
party
2
alleging
intentional
or
negligent
acts
or
omissions
by
a
person
3
for
physical,
psychological,
or
other
injury
or
condition
4
suffered
as
a
result
of
conduct
which
would
constitute
sexual
5
abuse
as
defined
in
section
709.1,
by
a
counselor,
therapist,
6
or
school
employee
as
defined
in
section
709.15,
or
as
a
7
result
of
sexual
exploitation
by
a
counselor,
therapist,
or
8
school,
which
is
barred
as
of
the
effective
date
of
this
Act
9
because
the
applicable
period
of
limitation
has
expired
or
10
the
plaintiff
previously
failed
to
file
a
petition,
is
hereby
11
revived,
and
action
thereon
may
be
commenced
not
later
than
12
three
years
after
the
effective
date
of
this
Act.
13
(2)
Dismissal
of
a
previous
action,
ordered
before
the
14
effective
date
of
this
Act,
on
grounds
that
such
previous
15
action
was
time-barred,
or
of
failure
of
a
party
to
file
a
16
petition,
shall
not
be
grounds
for
dismissal
of
a
revival
17
action
pursuant
to
this
paragraph.
18
Sec.
3.
Section
614.8,
Code
2021,
is
amended
to
read
as
19
follows:
20
614.8
Minors
and
persons
with
mental
illness.
21
1.
The
Except
as
provided
in
section
614.1,
subsection
22
12,
or
section
614.8A,
the
times
limited
for
actions
in
this
23
chapter
,
or
for
complaints
or
claims
in
chapter
216
,
669
,
or
24
670
,
except
those
brought
for
penalties
and
forfeitures,
are
25
extended
in
favor
of
persons
with
mental
illness,
so
that
they
26
shall
have
one
year
from
and
after
the
termination
of
the
27
disability
within
which
to
file
a
complaint
pursuant
to
chapter
28
216
,
to
make
a
claim
pursuant
to
chapter
669
or
670
,
or
to
29
otherwise
commence
an
action.
30
2.
Except
as
provided
in
section
614.1,
subsection
9
or
31
12,
or
section
614.8A
,
the
times
limited
for
actions
in
this
32
chapter
,
or
for
complaints
or
claims
in
chapter
216
,
669
,
or
33
670
,
except
those
brought
for
penalties
and
forfeitures,
are
34
extended
in
favor
of
minors,
so
that
they
shall
have
one
year
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from
and
after
attainment
of
majority
within
which
to
file
a
1
complaint
pursuant
to
chapter
216
,
to
make
a
claim
pursuant
to
2
chapter
669
,
or
to
otherwise
commence
an
action.
3
Sec.
4.
Section
614.8A,
Code
2021,
is
amended
to
read
as
4
follows:
5
614.8A
Damages
Commencement
of
action
for
minor
or
child
6
sexual
abuse
and
other
sexual
offenses
——
no
time
limitation.
7
An
action
for
damages
for
injury
suffered
as
a
result
of
8
sexual
abuse
which
occurred
when
the
injured
person
was
a
9
child,
but
not
discovered
until
after
the
injured
person
is
of
10
the
age
of
majority,
shall
be
brought
within
four
years
from
11
the
time
of
discovery
by
the
injured
party
of
both
the
injury
12
and
the
causal
relationship
between
the
injury
and
the
sexual
13
abuse.
14
1.
Notwithstanding
the
times
limited
for
actions
in
this
15
chapter,
an
action
relating
to
injuries
suffered
as
a
result
of
16
sexual
abuse
as
defined
in
section
802.2,
and
injuries
suffered
17
as
a
result
of
other
sexual
offenses
including
lascivious
acts
18
with
a
child
in
violation
of
section
709.8,
assault
with
intent
19
to
commit
sexual
abuse
in
violation
of
section
709.11,
indecent
20
contact
with
a
child
in
violation
of
section
709.12,
lascivious
21
conduct
with
a
minor
in
violation
of
section
709.14,
sexual
22
misconduct
with
a
juvenile
in
violation
of
section
709.16,
23
subsection
2,
child
endangerment
in
violation
of
section
726.6,
24
or
sexual
exploitation
of
a
minor
in
violation
of
section
25
728.12,
which
occurred
when
the
injured
party
was
a
minor
may
26
be
brought
at
any
time.
27
2.
a.
Notwithstanding
subsection
1,
every
claim
or
cause
28
of
action
brought
against
any
party
alleging
intentional
29
or
negligent
acts
or
omissions
by
a
person
for
physical,
30
psychological,
or
other
injury
or
condition
suffered
as
a
31
result
of
conduct
which
would
constitute
sexual
abuse
as
32
defined
in
section
709.1,
by
a
counselor,
therapist,
or
school
33
employee
as
defined
in
section
709.15,
subsection
1,
or
as
a
34
result
of
sexual
exploitation
by
a
counselor,
therapist,
or
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school,
which
is
barred
as
of
the
effective
date
of
this
Act
1
because
the
applicable
period
of
limitation
has
expired
or
2
the
plaintiff
previously
failed
to
file
a
petition,
is
hereby
3
revived,
and
action
thereon
may
be
commenced
not
later
than
4
three
years
after
the
effective
date
of
this
Act.
5
b.
Dismissal
of
a
previous
action,
ordered
before
the
6
effective
date
of
this
Act,
on
grounds
that
such
previous
7
action
was
time-barred,
or
of
failure
of
a
party
to
file
a
8
petition,
shall
not
be
grounds
for
dismissal
of
a
revival
9
action
pursuant
to
this
section.
10
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
11
immediate
importance,
takes
effect
upon
enactment.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
modifies
the
periods
of
time
to
bring
civil
actions
16
relating
to
young
persons
and
persons
with
mental
illness
and
17
entitles
certain
cases
to
a
preference
in
trial
order.
18
Under
current
Code
section
614.1(12),
a
civil
action
for
19
damages
for
injury
suffered
as
result
of
sexual
abuse,
as
20
defined
in
Code
section
709.1,
or
sexual
exploitation,
by
a
21
counselor,
therapist,
or
school
employee,
each
as
defined
in
22
Code
section
709.15,
can
only
be
brought
within
five
years
23
after
the
date
that
the
victim
was
either
last
treated
by
24
the
counselor
or
therapist
or
last
enrolled
in
or
attended
25
the
school.
The
bill
amends
the
current
law
by
making
a
26
distinction
between
victims
that
are
minors
at
the
time
of
27
abuse
and
victims
that
are
18
years
of
age
or
older
at
the
time
28
of
abuse.
The
bill
does
not
change
the
statute
of
limitations
29
for
victims
that
are
18
years
of
age
or
older
at
the
time
of
30
abuse.
For
victims
that
are
minors
at
the
time
of
abuse,
the
31
bill
provides
that
victims
may
bring
an
action
at
any
time,
32
but
that
a
claim
that
arises
prior
to
the
effective
date
of
33
the
bill
must
be
brought
not
later
than
three
years
after
34
the
effective
date
of
the
bill.
If
an
action
was
previously
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dismissed
before
the
effective
date
of
the
bill
on
the
grounds
1
that
it
was
time-barred
or
because
the
party
failed
to
file
2
a
petition,
the
party
shall
have
a
right
to
file
a
revival
3
action.
4
Under
current
Code
section
614.8,
the
applicable
limitations
5
period
in
which
to
bring
certain
civil
actions
is
extended
for
6
persons
with
mental
illness
and
minors.
Under
current
Code
7
section
670.2,
a
municipality
is
subject
to
liability
for
the
8
municipality’s
torts
and
those
of
the
municipality’s
officers
9
and
employees,
acting
within
the
scope
of
such
officers’
10
and
employees’
employment
or
duties.
Under
current
Code
11
section
670.5,
an
action
for
damages
for
an
injury
against
a
12
municipality
cannot
be
brought
after
two
years
of
the
alleged
13
injury,
except
as
provided
in
Code
section
614.8.
14
The
bill
amends
Code
section
614.8
to
specify
that
the
15
extension
of
the
limitations
period
for
persons
with
mental
16
illness
and
for
minors
applies
to
claims
brought
pursuant
to
17
Code
chapter
670,
which
chapter
is
already
referenced
at
the
18
beginning
of
the
sentences
extending
the
limitations
period.
19
The
amendment
to
Code
section
614.8A
in
the
bill
extends
20
the
time
for
filing
a
civil
action
relating
to
sexual
abuse
21
which
occurred
when
the
injured
person
was
a
minor
from
one
22
year
after
the
attainment
of
majority
or
within
four
years
23
from
the
time
of
discovery
of
both
the
injury
and
the
causal
24
relationship
between
the
injury
and
the
sexual
abuse
to
any
25
time.
The
amendment
also
provides
for
the
filing
of
civil
26
actions
for
injuries
incurred
from
other
sexual
offenses.
The
27
bill
provides
that
a
claim
related
to
such
offenses
that
arises
28
prior
to
the
effective
date
of
the
bill
must
be
brought
not
29
later
than
three
years
after
the
effective
date
of
the
bill.
30
If
an
action
was
previously
dismissed
before
the
effective
date
31
of
the
bill
on
the
grounds
that
it
was
time-barred
or
because
32
the
party
failed
to
file
a
petition,
the
party
shall
have
a
33
right
to
file
a
revival
action.
34
The
bill
provides
that
the
district
court
shall
try
civil
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cases
in
the
order
in
which
cases
are
initiated
by
the
filing
1
of
a
petition,
but
entitles
cases
to
preference
if
the
cases
2
have
been
revived
pursuant
to
Code
section
614.1(12)(b)
or
Code
3
section
615.8A(2)
or
actions
in
which
the
interests
of
justice,
4
as
determined
by
the
supreme
court,
will
be
served
by
early
5
trial.
The
bill
provides
that
the
court
shall
adopt
rules
to
6
implement
this
provision
of
the
bill.
The
bill
provides
that
7
if
a
party
intends
to
invoke
this
preference,
the
party
must
8
notice
the
motion
for
preference
with
the
petition
by
the
party
9
serving
the
petition
or
10
days
after
such
service
by
any
other
10
party.
11
The
bill
takes
effect
upon
enactment.
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