H.F. 2233 Section 1. Section 614.1, subsection 12, Code 2016, is 1 amended to read as follows: 2 12. Sexual abuse or sexual exploitation by a counselor, 3 therapist, or school employee. An action for damages for 4 injury suffered as a result of sexual abuse, as defined in 5 section 709.1 , by a counselor, therapist, or school employee, 6 as defined in section 709.15 , or as a result of sexual 7 exploitation by a counselor, therapist, or school employee 8 shall be brought within five ten years of the date the victim 9 was last treated by the counselor or therapist, or within 10 five ten years of the date the victim was last enrolled in or 11 attended the school , or, if the victim was a minor when the 12 sexual abuse or sexual exploitation occurred, within ten years 13 of the date the victim attains the age of eighteen . 14 Sec. 2. Section 614.8, subsection 2, Code 2016, is amended 15 to read as follows: 16 2. Except as provided in section 614.1, subsection 17 subsections 9 and 12 , the times limited for actions in this 18 chapter , or chapter 216 , 669 , or 670 , except those brought for 19 penalties and forfeitures, are extended in favor of minors, 20 so that they shall have one year from and after attainment of 21 majority within which to file a complaint pursuant to chapter 22 216 , to make a claim pursuant to chapter 669 or 670 , or to 23 otherwise commence an action. 24 Sec. 3. Section 709.15, subsection 1, paragraph f, Code 25 2016, is amended by striking the paragraph and inserting in 26 lieu thereof the following: 27 f. (1) “School employee” means any of the following, except 28 as provided in subparagraph (2): 29 (a) A person who holds a license, certificate, 30 authorization, or statement of professional recognition issued 31 by the board of educational examiners under chapter 272. 32 (b) A person employed by a school district or nonpublic 33 school full-time or part-time. 34 (c) A contract employee of a school district or nonpublic 35 -1- LSB 5035YH (3) 86 kh/rj 1/ 4

H.F. 2233 school who has significant contact with students enrolled in 1 the school district or nonpublic school. 2 (d) A person who performs services as a volunteer for a 3 school district or nonpublic school and who has significant 4 contact with students enrolled in the school district or 5 nonpublic school. 6 (2) “School employee” does not include the following: 7 (a) A student enrolled in a school district or nonpublic 8 school. 9 (b) A person who holds a coaching authorization issued 10 under section 272.31, subsection 1, if the person is less than 11 four years older than the student with whom the person engages 12 in conduct prohibited under subsection 3, paragraph “a” , and 13 the person is not in a position of direct authority over the 14 student. 15 (c) A person who performs services as a volunteer for a 16 school district or nonpublic school and who has significant 17 contact with students enrolled in the school district or 18 nonpublic school, if the person is less than four years older 19 than the student with whom the person engages in conduct 20 prohibited under subsection 3, paragraph “a” , and the person is 21 not in a position of direct authority over the student. 22 Sec. 4. Section 709.15, subsection 3, Code 2016, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . c. The provisions of this subsection do 25 not apply to a person who is employed by, volunteers for, or 26 is under contract with a school district or nonpublic school 27 if the student is not enrolled in the same school district 28 or nonpublic school that employs the person or for which the 29 person volunteers or is under contract, and the person does 30 not meet the requirements of subsection 1, paragraph “f” , 31 subparagraph (1), subparagraph division (a). 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -2- LSB 5035YH (3) 86 kh/rj 2/ 4

H.F. 2233 This bill extends, from five years to 10 years, the time by 1 which actions may be brought for damages for injury suffered as 2 a result of sexual abuse by a counselor, therapist, or school 3 employee or as a result of sexual exploitation by a counselor, 4 therapist, or school employee. Further, if the victim was a 5 minor when the sexual abuse or exploitation occurred, actions 6 for damages for injury must be brought within 10 years of the 7 date the victim attains the age of 18. The bill also allows 8 minors one year from and after attainment of age 18 to make a 9 claim for damages based upon an act or omission of an employee 10 of the state or political subdivision. 11 The bill amends the definition of “school employee” in 12 the Code provision that establishes the criminal offense of 13 sexual exploitation by a school employee. Currently under 14 Code section 709.15, “school employee” is defined to include 15 any practitioner or coach who is licensed or authorized by the 16 board of educational examiners. The current definition does 17 not limit employment to a public or nonpublic school. The bill 18 amends the definition to provide that “school employee” means 19 a person who holds a license, certificate, authorization, or 20 statement of professional recognition issued by the board; a 21 person employed by a school district or nonpublic school; a 22 contract employee of a school district or nonpublic school who 23 has significant contact with students enrolled in the school 24 district or nonpublic school; or a person who performs services 25 as a volunteer for a school district or nonpublic school and 26 who has significant contact with students enrolled in the 27 school district or nonpublic school. 28 However, the bill provides that the definition of “school 29 employee” does not include a student enrolled in a school 30 district or nonpublic school, or a person who is a school 31 volunteer or who holds a coaching authorization if such person 32 is less than four years older than the student and is not in 33 a position of direct authority over the student. Further, 34 the provisions related to the definition do not apply to a 35 -3- LSB 5035YH (3) 86 kh/rj 3/ 4

H.F. 2233 person who is employed by, volunteers for, or is under contract 1 with a school district or nonpublic school if the student is 2 not enrolled in the same school district or nonpublic school 3 that employs the person or for which the person volunteers or 4 is under contract, and the person does not hold a license, 5 certificate, authorization, or statement of professional 6 recognition issued by the board. 7 A person who commits sexual exploitation by a school 8 employee in violation of Code section 709.15(3) commits either 9 an aggravated misdemeanor, which is punishable by confinement 10 for no more than two years and a fine of at least $625 but not 11 more than $6,250; or a class “D” felony, which is punishable by 12 confinement for no more than five years and a fine of at least 13 $750 but not more than $7,500. Such a person must register as a 14 tier II offender on the sex offender registry if the victim is 15 13 years of age or older, or, if the victim is under 13 years 16 of age, as a tier III offender. 17 -4- LSB 5035YH (3) 86 kh/rj 4/ 4