Bill Text: IA SF572 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the statute of limitations periods for certain criminal and civil actions.(Formerly SSB 1017.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-01 - Referred to Judiciary. S.J. 726. [SF572 Detail]
Download: Iowa-2021-SF572-Introduced.html
Senate
File
572
-
Introduced
SENATE
FILE
572
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1017)
A
BILL
FOR
An
Act
relating
to
the
statute
of
limitations
periods
for
1
certain
criminal
and
civil
actions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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572
Section
1.
Section
614.1,
Code
2021,
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
614.1,
subsection
12,
Code
2021,
is
amended
14
to
read
as
follows:
15
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
16
therapist,
or
school
employee.
17
a.
An
action
for
damages
for
injury
suffered
as
a
result
18
of
sexual
abuse,
as
defined
in
section
709.1
,
by
a
counselor,
19
therapist,
or
school
employee,
as
defined
in
section
709.15
,
or
20
as
a
result
of
sexual
exploitation
by
a
counselor,
therapist,
21
or
school
employee
shall
be
brought
within
five
years
of
the
22
date
the
victim
was
last
treated
by
the
counselor
or
therapist,
23
or
within
five
years
of
the
date
the
victim
was
last
enrolled
24
in
or
attended
the
school
may
be
commenced
at
any
time
after
25
the
commission
of
the
offense
.
26
b.
A
claim
or
cause
of
action
brought
against
any
party
27
under
paragraph
“a”
alleging
intentional
or
negligent
acts
28
or
omissions
by
a
person
for
physical,
psychological,
or
any
29
other
injury
or
condition
suffered
as
a
result
of
conduct
30
by
a
counselor,
therapist,
or
school
employee
as
defined
in
31
section
709.15,
if
barred
as
of
the
effective
date
of
this
Act
32
because
the
applicable
period
of
limitation
has
expired
or
33
the
plaintiff
previously
failed
to
file
a
petition,
is
hereby
34
revived,
and
action
thereon
may
be
commenced
not
later
than
35
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three
years
after
the
effective
date
of
this
Act.
1
c.
Dismissal
of
a
previous
action,
ordered
before
the
2
effective
date
of
this
Act,
on
grounds
that
such
previous
3
action
was
time-barred
or
due
to
the
failure
of
a
party
to
file
4
a
petition,
shall
not
be
grounds
for
dismissal
of
a
revival
5
action
pursuant
to
paragraph
“b”
.
6
Sec.
3.
Section
614.8A,
Code
2021,
is
amended
to
read
as
7
follows:
8
614.8A
Damages
for
child
sexual
abuse
,
incest,
kidnapping,
9
and
human
trafficking
——
time
limitation.
10
An
action
for
damages
for
injury
suffered
as
a
result
of
11
sexual
abuse
which
occurred
when
the
injured
person
was
a
12
child,
but
not
discovered
until
after
the
injured
person
is
of
13
the
age
of
majority,
shall
be
brought
within
four
years
from
14
the
time
of
discovery
by
the
injured
party
of
both
the
injury
15
and
the
causal
relationship
between
the
injury
and
the
sexual
16
abuse.
17
1.
Notwithstanding
section
614.1,
subsections
11A
and
18
12A,
every
claim
or
cause
of
action
brought
against
any
19
party
alleging
intentional
or
negligent
acts
or
omissions
20
by
a
person
for
physical,
psychological,
any
other
injury
21
or
condition
suffered
as
a
result
of
conduct
which
would
22
constitute
a
violation
of
any
of
the
following,
if
barred
as
of
23
the
effective
date
of
this
Act
because
the
applicable
period
of
24
limitation
has
expired
or
the
plaintiff
previously
failed
to
25
file
a
petition,
is
hereby
revived,
and
action
thereon
may
be
26
commenced
not
later
than
three
years
after
the
effective
date
27
of
this
Act:
28
a.
Sexual
abuse
as
defined
in
section
709.1.
29
b.
Incest
in
violation
of
section
726.2.
30
c.
Kidnapping
as
defined
in
section
710.1.
31
d.
Human
trafficking
as
defined
in
section
710A.2.
32
2.
Dismissal
of
a
previous
action,
ordered
before
the
33
effective
date
of
this
Act,
on
grounds
that
such
previous
34
action
was
time-barred
or
due
to
the
failure
of
a
party
to
file
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a
petition,
shall
not
be
grounds
for
dismissal
of
a
revival
1
action
pursuant
to
this
section.
2
Sec.
4.
Section
802.2,
Code
2021,
is
amended
to
read
as
3
follows:
4
802.2
Sexual
abuse
——
first,
second,
or
third
degree.
5
1.
An
information
or
indictment
for
sexual
abuse
in
the
6
first,
second,
or
third
degree
committed
on
or
with
a
person
7
who
is
under
the
age
of
eighteen
years
shall
be
found
within
8
fifteen
years
after
the
person
upon
whom
the
offense
is
9
committed
attains
eighteen
years
of
age,
or
if
the
person
10
against
whom
the
information
or
indictment
is
sought
is
11
identified
through
the
use
of
a
DNA
profile,
an
information
or
12
indictment
shall
be
found
within
three
years
from
the
date
the
13
person
is
identified
by
the
person’s
DNA
profile,
whichever
is
14
later
may
be
commenced
at
any
time
after
the
commission
of
the
15
offense
.
16
2.
An
information
or
indictment
for
any
other
sexual
abuse
17
in
the
first,
second,
or
third
degree
shall
be
found
within
ten
18
years
after
its
commission,
or
if
the
person
against
whom
the
19
information
or
indictment
is
sought
is
identified
through
the
20
use
of
a
DNA
profile,
an
information
or
indictment
shall
be
21
found
within
three
years
from
the
date
the
person
is
identified
22
by
the
person’s
DNA
profile,
whichever
is
later.
23
3.
As
used
in
this
section
,
“identified”
means
a
person’s
24
legal
name
is
known
and
the
person
has
been
determined
to
be
25
the
source
of
the
DNA.
26
Sec.
5.
Section
802.2A,
Code
2021,
is
amended
to
read
as
27
follows:
28
802.2A
Incest
——
sexual
exploitation
by
a
counselor,
29
therapist,
or
school
employee.
30
1.
An
information
or
indictment
for
incest
under
section
31
726.2
committed
on
or
with
a
person
who
is
under
the
age
of
32
eighteen
shall
be
found
within
fifteen
years
after
the
person
33
upon
whom
the
offense
is
committed
attains
eighteen
years
of
34
age.
An
information
or
indictment
for
any
other
incest
shall
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be
found
within
ten
years
after
its
commission
may
be
commenced
1
at
any
time
after
the
commission
of
the
offense
.
2
2.
An
indictment
or
information
for
sexual
exploitation
by
3
a
counselor,
therapist,
or
school
employee
under
section
709.15
4
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
5
shall
be
found
within
fifteen
years
after
the
person
upon
whom
6
the
offense
is
committed
attains
eighteen
years
of
age.
An
7
information
or
indictment
for
any
other
sexual
exploitation
8
shall
be
found
within
ten
years
of
the
date
the
victim
was
last
9
treated
by
the
counselor
or
therapist,
or
within
ten
years
of
10
the
date
the
victim
was
enrolled
in
or
attended
the
school
may
11
be
commenced
at
any
time
after
the
commission
of
the
offense
.
12
Sec.
6.
Section
802.2C,
Code
2021,
is
amended
to
read
as
13
follows:
14
802.2C
Kidnapping.
15
An
information
or
indictment
for
kidnapping
in
the
first,
16
second,
or
third
degree
committed
on
or
with
a
person
who
is
17
under
the
age
of
eighteen
years
shall
be
found
within
ten
18
years
after
the
person
upon
whom
the
offense
is
committed
19
attains
eighteen
years
of
age,
or
if
the
person
against
whom
20
the
information
or
indictment
is
sought
is
identified
through
21
the
use
of
a
DNA
profile,
an
information
or
indictment
shall
22
be
found
within
three
years
from
the
date
the
person
is
23
identified
by
the
person’s
DNA
profile,
whichever
is
later
may
24
be
commenced
at
any
time
after
the
commission
of
the
offense
.
25
Sec.
7.
Section
802.2D,
Code
2021,
is
amended
to
read
as
26
follows:
27
802.2D
Human
trafficking.
28
An
information
or
indictment
for
human
trafficking
in
29
violation
of
section
710A.2
,
committed
on
or
with
a
person
30
who
is
under
the
age
of
eighteen
years
shall
be
found
within
31
ten
years
after
the
person
upon
whom
the
offense
is
committed
32
attains
eighteen
years
of
age,
or
if
the
person
against
whom
33
the
information
or
indictment
is
sought
is
identified
through
34
the
use
of
a
DNA
profile,
an
information
or
indictment
shall
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be
found
within
three
years
from
the
date
the
person
is
1
identified
by
the
person’s
DNA
profile,
whichever
is
later
may
2
be
commenced
at
any
time
after
the
commission
of
the
offense
.
3
Sec.
8.
Section
802.10,
subsection
1,
paragraph
b,
Code
4
2021,
is
amended
to
read
as
follows:
5
b.
“Identified”
means
the
same
as
defined
in
section
802.2
a
6
person’s
legal
name
is
known
and
the
person
has
been
determined
7
to
be
the
source
of
the
DNA
.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
statute
of
limitations
period
for
12
certain
criminal
and
civil
actions.
13
Under
current
law,
in
sexual
abuse,
kidnapping,
human
14
trafficking,
and
sexual
abuse
or
sexual
exploitation
by
a
15
counselor,
therapist,
or
school
employee
cases,
an
injured
16
person
must
bring
a
civil
action
for
injuries
suffered
or
17
an
indictment
or
information
must
be
filed
within
certain
18
statutory
time
periods
dependent
upon
certain
circumstances
19
including
a
victim’s
age
and
whether
an
offender
was
identified
20
through
the
use
of
a
DNA
profile.
21
The
bill
provides
that
an
information
or
indictment
in
22
a
criminal
case,
or
a
civil
action
for
damages,
for
sexual
23
abuse
in
the
first,
second,
or
third
degree;
kidnapping;
human
24
trafficking;
and
sexual
abuse
or
sexual
exploitation
by
a
25
counselor,
therapist,
or
school
employee
may
be
commenced
at
26
any
time
after
the
commission
of
the
offense.
27
The
bill
provides
that
notwithstanding
Code
section
614.1,
28
subsections
11A
(an
action
for
sexual
abuse
may
be
commenced
29
at
any
time
after
the
commission
of
the
offense)
and
12A
(an
30
action
for
kidnapping
or
human
trafficking
may
be
commenced
at
31
any
time
after
the
commission
of
the
offense)
or
subsection
12
32
(sexual
abuse
or
sexual
exploitation
by
a
counselor,
therapist,
33
or
school
employee),
as
amended
in
the
bill,
every
claim
or
34
cause
of
action
brought
against
any
party
alleging
intentional
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or
negligent
acts
or
omissions
by
a
person
for
physical,
1
psychological,
any
other
injury
or
condition
suffered
as
a
2
result
of
conduct
which
would
constitute
a
violation
of
any
of
3
the
following,
if
barred
as
of
the
effective
date
of
the
bill
4
because
the
applicable
period
of
limitation
has
expired
or
the
5
plaintiff
previously
failed
to
file
a
petition,
is
revived,
and
6
an
action
may
be
commenced
not
later
than
three
years
after
7
the
effective
date
of
the
bill:
sexual
abuse
(Code
section
8
709.1),
incest
(Code
section
726.2),
kidnapping
(Code
section
9
710.1),
human
trafficking
(Code
section
710A.2),
and
sexual
10
abuse
or
sexual
exploitation
by
a
counselor,
therapist,
or
11
school
employee
(Code
section
709.15).
Dismissal
of
a
previous
12
action,
ordered
before
the
effective
date
of
the
bill,
on
13
grounds
that
such
previous
action
was
time-barred
or
due
to
the
14
failure
of
a
party
to
file
a
petition,
shall
not
be
grounds
for
15
dismissal
of
a
revival.
16
The
bill
makes
a
conforming
Code
change
to
Code
section
17
802.10
(DNA
profile
of
accused).
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