Bill Text: MN HF681 | 2013-2014 | 88th Legislature | Engrossed
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-Engrossed.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-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
1.18age of 18; and (3) must be commenced within six years of the alleged sexual abuse in a
1.19case where the individual defendant is 16 years old or younger at the time of the alleged
1.20abuse, except when the plaintiff was under 18 at the time of the alleged abuse and then
1.21no later than the plaintiff's 24th birthday.
1.22(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.23acts by the defendant caused the injury.
1.24(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 who caused the plaintiff's personal injury either by (1) committing sexual
2.5abuse against the plaintiff, or (2)negligently permitting sexual abuse against the plaintiff
2.6to 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 shall be commenced within
2.9six years of the alleged sexual abuse except when the plaintiff was under 18 at the time of
2.10the alleged abuse and then no later than the plaintiff's 24th birthday. This subdivision does
2.11not 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 and applies to conduct occurring on or after that date.
2.15(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
2.16of an individual under the age of 18, if the action would otherwise be time-barred under
2.17a previous version of Minnesota Statutes, section 541.073, or other applicable statutes
2.18of limitations, an action for damages may be filed no later than three years following the
2.19effective date of this section. This paragraph does not apply to an action for vicarious
2.20liability or respondeat superior.
2.21(c) Under paragraph (b), the liability of any municipality, as that term is defined in
2.22Minnesota Statutes, section 466.01, shall not exceed the amount of valid and collectible
2.23insurance, including, where applicable, proceeds from the Minnesota Insurance Guaranty
2.24Association, which covers the claim.
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
1.18age of 18; and (3) must be commenced within six years of the alleged sexual abuse in a
1.19case where the individual defendant is 16 years old or younger at the time of the alleged
1.20abuse, except when the plaintiff was under 18 at the time of the alleged abuse and then
1.21no later than the plaintiff's 24th birthday.
1.22(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.23acts by the defendant caused the injury.
1.24
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 caused the plaintiff's personal injury either by (1) committing sexual
2.5abuse 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 shall be commenced within
2.9six years of the alleged sexual abuse except when the plaintiff was under 18 at the time of
2.10the alleged abuse and then no later than the plaintiff's 24th birthday. This subdivision does
2.11not 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 and applies to conduct occurring on or after that date.
2.15(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
2.16of an individual under the age of 18, if the action would otherwise be time-barred under
2.17a previous version of Minnesota Statutes, section 541.073, or other applicable statutes
2.18of limitations, an action for damages may be filed no later than three years following the
2.19effective date of this section. This paragraph does not apply to an action for vicarious
2.20liability or respondeat superior.
2.21(c) Under paragraph (b), the liability of any municipality, as that term is defined in
2.22Minnesota Statutes, section 466.01, shall not exceed the amount of valid and collectible
2.23insurance, including, where applicable, proceeds from the Minnesota Insurance Guaranty
2.24Association, which covers the claim.
