Bill Text: MN HF681 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Limitation period for civil actions involving sexual abuse changed.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 89 [HF681 Detail]
Download: Minnesota-2013-HF681-Engrossed.html
1.2relating to civil actions; changing the limitation period for civil actions involving
1.3sexual abuse;amending Minnesota Statutes 2012, section 541.073.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 541.073, is amended to read:
1.6541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL
1.7PROVISIONS.
1.8 Subdivision 1. Definition. As used in this section,:
1.9(1) "sexual abuse" means conduct described in sections609.342 to
609.345
1.10
1.11(2) "person" includes a natural person, corporation, limited liability company,
1.12partnership, organization, association, or other entity.
1.13 Subd. 2. Limitations period. (a) An action for damages based onpersonal injury
1.14caused by sexual abuse: (1) must be commenced within six years of the time the plaintiff
1.15knew or had reason to know that the injury was caused by the sexual abuse alleged sexual
1.16abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be
1.17commenced at any time in the case of alleged sexual abuse of an individual under the age
1.18of 18, except as provided for in subdivision 4; and (3) must be commenced before the
1.19plaintiff is 24 years of age in a claim against a natural person alleged to have sexually
1.20abused a minor when that natural person was under 14 years of age.
1.21(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.22acts by the defendant caused the injury.
1.23(c) The knowledge of a parent or guardian may not be imputed to a minor.
2.1(d) (c) This section does not affect the suspension of the statute of limitations during
2.2a period of disability under section541.15 .
2.3 Subd. 3. Applicability. This section applies to an action for damages commenced
2.4against a person whocaused was a cause of the plaintiff's personal injury damages either
2.5by (1) committing sexual abuse against the plaintiff, or (2)negligently permitting sexual
2.6abuse against the plaintiff to occur negligence.
2.7 Subd. 4. Vicarious liability or respondeat superior claims. A claim for vicarious
2.8liability or liability under the doctrine of respondeat superior must be commenced within
2.9six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at
2.10the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years
2.11of age. This subdivision does not limit the availability of these claims under other law.
2.12 Subd. 5. Title. This section may be cited as the "Child Victims Act."
2.13EFFECTIVE DATE; APPLICABILITY.(a) This section is effective the day
2.14following final enactment. Except as provided in paragraph (b), this section applies to
2.15actions that were not time-barred before the effective date.
2.16(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
2.17of an individual under the age of 18, if the action would otherwise be time-barred under a
2.18previous version of Minnesota Statutes, section 541.073, or other time limit, an action for
2.19damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision
2.201, clause (2), may be commenced no later than three years following the effective date of
2.21this section. This paragraph does not apply to a claim for vicarious liability or respondeat
2.22superior, but does apply to other claims, including negligence. This paragraph applies to
2.23actions pending on or commenced on or after the effective date.
1.3sexual abuse;amending Minnesota Statutes 2012, section 541.073.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 541.073, is amended to read:
1.6541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL
1.7PROVISIONS.
1.8 Subdivision 1. Definition. As used in this section
1.9(1) "sexual abuse" means conduct described in sections
1.10
1.11(2) "person" includes a natural person, corporation, limited liability company,
1.12partnership, organization, association, or other entity.
1.13 Subd. 2. Limitations period. (a) An action for damages based on
1.14
1.15
1.16abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be
1.17commenced at any time in the case of alleged sexual abuse of an individual under the age
1.18of 18, except as provided for in subdivision 4; and (3) must be commenced before the
1.19plaintiff is 24 years of age in a claim against a natural person alleged to have sexually
1.20abused a minor when that natural person was under 14 years of age.
1.21(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.22acts by the defendant caused the injury.
1.23
2.1
2.2a period of disability under section
2.3 Subd. 3. Applicability. This section applies to an action for damages commenced
2.4against a person who
2.5by (1) committing sexual abuse against the plaintiff, or (2)
2.6
2.7 Subd. 4. Vicarious liability or respondeat superior claims. A claim for vicarious
2.8liability or liability under the doctrine of respondeat superior must be commenced within
2.9six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at
2.10the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years
2.11of age. This subdivision does not limit the availability of these claims under other law.
2.12 Subd. 5. Title. This section may be cited as the "Child Victims Act."
2.13EFFECTIVE DATE; APPLICABILITY.(a) This section is effective the day
2.14following final enactment. Except as provided in paragraph (b), this section applies to
2.15actions that were not time-barred before the effective date.
2.16(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
2.17of an individual under the age of 18, if the action would otherwise be time-barred under a
2.18previous version of Minnesota Statutes, section 541.073, or other time limit, an action for
2.19damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision
2.201, clause (2), may be commenced no later than three years following the effective date of
2.21this section. This paragraph does not apply to a claim for vicarious liability or respondeat
2.22superior, but does apply to other claims, including negligence. This paragraph applies to
2.23actions pending on or commenced on or after the effective date.
