Bill Text: MN SF534 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Child Victims Act; sexual abuse civil actions limitation period modification
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2013-05-03 - HF substituted on General Orders HF681 [SF534 Detail]
Download: Minnesota-2013-SF534-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
1.16sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; and
1.17(2) may be commenced at any time in the case of alleged sexual abuse of an individual
1.18under the age of 18.
1.19(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.20acts by the defendant caused the injury.
1.21(c) The knowledge of a parent or guardian may not be imputed to a minor.
1.22(d) (c) This section does not affect the suspension of the statute of limitations during
1.23a period of disability under section541.15 .
2.1 Subd. 3. Applicability. This section applies to an action for damages commenced
2.2against a person who caused the plaintiff's personal injury either by (1) committing sexual
2.3abuse against the plaintiff, or (2)negligently permitting sexual abuse against the plaintiff
2.4to occur negligence.
2.5 Subd. 4. Title. This section may be cited as the "Child Victims Act."
2.6EFFECTIVE DATE.This act is effective the day following final enactment and
2.7applies 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 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
1.16sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; and
1.17(2) may be commenced at any time in the case of alleged sexual abuse of an individual
1.18under the age of 18.
1.19(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.20acts by the defendant caused the injury.
1.21
1.22
1.23a period of disability under section
2.1 Subd. 3. Applicability. This section applies to an action for damages commenced
2.2against a person who caused the plaintiff's personal injury either by (1) committing sexual
2.3abuse against the plaintiff, or (2)
2.4
2.5 Subd. 4. Title. This section may be cited as the "Child Victims Act."
2.6EFFECTIVE DATE.This act is effective the day following final enactment and
2.7applies to actions pending on or commenced on or after that date.
