Bill Text: IA SSB1017 | 2021-2022 | 89th 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, kidnapping, and human trafficking.

Spectrum: Committee Bill

Status: (Introduced) 2021-01-26 - Subcommittee recommends amendment and passage. [SSB1017 Detail]

Download: Iowa-2021-SSB1017-Introduced.html
Senate Study Bill 1017 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the statute of limitations period for 1 criminal and civil actions for sexual abuse, kidnapping, and 2 human trafficking. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1659XC (2) 89 as/rh
S.F. _____ 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 614.8A, Code 2021, 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 2021, is amended to read as 33 follows: 34 802.2 Sexual abuse —— first, second, or third degree. 35 -1- LSB 1659XC (2) 89 as/rh 1/ 4
S.F. _____ 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 2021, 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 2021, is amended to read as 35 -2- LSB 1659XC (2) 89 as/rh 2/ 4
S.F. _____ 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 2021, 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, 35 -3- LSB 1659XC (2) 89 as/rh 3/ 4
S.F. _____ 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). 8 -4- LSB 1659XC (2) 89 as/rh 4/ 4
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