Bill Text: MN HF681 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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 the definition given in section 645.44.
1.12 Subd. 2. Limitations period. (a) An action for damages based onpersonal injury
1.13caused by sexual abuse: (1) must be commenced within six years of the time the plaintiff
1.14knew or had reason to know that the injury was caused by the sexual abuse alleged
1.15sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; and
1.16(2) may be commenced at any time in the case of alleged sexual abuse of an individual
1.17under the age of 18.
1.18(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.19acts by the defendant caused the injury.
1.20(c) The knowledge of a parent or guardian may not be imputed to a minor.
1.21(d) (c) This section does not affect the suspension of the statute of limitations during
1.22a period of disability under section541.15 .
1.23 Subd. 3. Applicability. This section applies to an action for damages commenced
1.24against a personwho caused the plaintiff's personal injury either by (1) committing sexual
2.1abuse against the plaintiff, or (2) negligently permitting sexual abuse against the plaintiff
2.2to occur, corporation, organization, or other entity that is a cause of the plaintiff's damages.
2.3 Subd. 4. Title. This section may be cited as the "Child Victims Act."
2.4EFFECTIVE DATE.This act is effective the day following final enactment and
2.5applies to actions pending on or commenced on or after that 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 the definition given in section 645.44.
1.12 Subd. 2. Limitations period. (a) An action for damages based on
1.13
1.14
1.15sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; and
1.16(2) may be commenced at any time in the case of alleged sexual abuse of an individual
1.17under the age of 18.
1.18(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.19acts by the defendant caused the injury.
1.20
1.21
1.22a period of disability under section
1.23 Subd. 3. Applicability. This section applies to an action for damages commenced
1.24against a person
2.1
2.2
2.3 Subd. 4. Title. This section may be cited as the "Child Victims Act."
2.4EFFECTIVE DATE.This act is effective the day following final enactment and
2.5applies to actions pending on or commenced on or after that date.
