Bill Text: IA SF447 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act modifying the periods of time to bring civil and criminal actions, and including effective date provisions. (Formerly SF 107.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2015-03-25 - Subcommittee, Rizer, Heartsill, and Oldson. H.J. 706. [SF447 Detail]
Download: Iowa-2015-SF447-Introduced.html
Senate File 447 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 107) A BILL FOR 1 An Act modifying the periods of time to bring civil and 2 criminal actions, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1469SV (3) 86 jm/rj PAG LIN 1 1 Section 1. Section 614.1, subsection 12, Code 2015, 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 withinfiveten years of the date the victim 1 10 was last treated by the counselor or therapist, or within 1 11fiveten years of the date the victim was last enrolled in or 1 12 attended the school. 1 13 Sec. 2. Section 614.8, Code 2015, 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 2015, is amended to read as 1 33 follows: 1 34 614.8ADamagesCommencement 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.AnIn 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 withinfour 2 11twenty=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. Section 802.2, subsection 1, Code 2015, is amended 2 15 to read as follows: 2 16 1. An information or indictment for sexual abuse in the 2 17 first, second, or third degree committed on or with a person 2 18 who is under the age of eighteen yearsshall be found within 2 19 ten years after the person upon whom the offense is committed 2 20 attains eighteen years of age, or if the person against whom 2 21 the information or indictment is sought is identified through 2 22 the use of a DNA profile, an information or indictment shall 2 23 be found within three years from the date the person is 2 24 identified by the person's DNA profile, whichever is latermay 2 25 be commenced at any time after the commission of the offense. 2 26 Sec. 5. Section 802.10, subsection 3, Code 2015, is amended 2 27 to read as follows: 2 28 3. However, notwithstanding subsection 2, an indictment 2 29 or information shall be found against a person within three 2 30 years from the date the person is identified by the person's 2 31 DNA profile. If the action involves sexual abuse of a person 2 32 eighteen years of age or older or another sexual offense, the 2 33 indictment or information shall be found as provided in section 2 34 802.2, subsection 2, or 802.2B, if the person is identified by 2 35 the person's DNA profile. 3 1 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 2 immediate importance, takes effect upon enactment. 3 3 EXPLANATION 3 4 The inclusion of this explanation does not constitute agreement with 3 5 the explanation's substance by the members of the general assembly. 3 6 This bill modifies the periods of time to bring civil and 3 7 criminal actions relating to young persons and persons with 3 8 mental illness. 3 9 Under current Code section 614.1(12), a civil action for 3 10 damages for injury suffered as result of sexual abuse, as 3 11 defined in Code section 709.1, or sexual exploitation, by a 3 12 counselor, therapist, or school employee, each as defined in 3 13 Code section 709.15, can only be brought within five years 3 14 after the date that the victim was either last treated by the 3 15 counselor or therapist or last enrolled in or attended the 3 16 school. The bill amends the current law to provide that a 3 17 victim may bring such an action within 10 years of the date 3 18 that the victim was either last treated by the counselor or 3 19 therapist or last enrolled in or attended the school. 3 20 Under current Code section 614.8, the applicable limitations 3 21 period in which to bring certain civil actions is extended for 3 22 persons with mental illness and minors. Under current Code 3 23 section 670.2, a municipality is subject to liability for the 3 24 municipality's torts and those of the municipality's officers 3 25 and employees, acting within the scope of such officers' 3 26 and employees' employment or duties. Under current Code 3 27 section 670.5, an action for damages for an injury against a 3 28 municipality cannot be brought after two years of the alleged 3 29 injury, except as provided in Code section 614.8. 3 30 The bill amends Code section 614.8 to specify that the 3 31 extension of the limitations period for persons with mental 3 32 illness and for minors applies to claims brought pursuant to 3 33 Code chapter 670, which chapter is already referenced at the 3 34 beginning of the sentences extending the limitations period. 3 35 The amendment to Code section 614.8A in the bill extends 4 1 the time for filing a civil action relating to sexual abuse 4 2 which occurred when the injured person was a minor from one 4 3 year after the attainment of majority to 25 years after the 4 4 attainment of majority. 4 5 The amendment to Code section 614.8A in the bill also 4 6 provides that a civil action for damages relating to sexual 4 7 abuse which occurred when the injured party was a child shall 4 8 be brought within 25 years from the time of the discovery of 4 9 both the injury and the causal relationship between the injury 4 10 and the sexual abuse. Current law specifies such an action 4 11 shall be brought within four years from the time of discovery 4 12 of both the injury and the causal relationship between the 4 13 injury and the sexual abuse. 4 14 The amendment to Code section 802.2 in the bill provides 4 15 that a criminal information or indictment for sexual abuse 4 16 in the first, second, or third degree committed on or with 4 17 a person under the age of 18 may be commenced at any time 4 18 after the commission of the offense. Current law specifies 4 19 the indictment or information for such sexual abuse be found 4 20 within 10 years of the sexually abused person attaining 18 4 21 years of age or within three years after being identified by 4 22 DNA evidence, whichever is later. 4 23 The bill takes effect upon enactment. LSB 1469SV (3) 86 jm/rj
