SF 2375 (LSB 5393SV (3) 88)

SENATE FILE 2375

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3032)

A BILL FOR

An Act relating to the statute of limitations period for criminal and civil actions for sexual abuse in the first, second, or third degree, kidnapping, and human trafficking.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 614.1, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  11A.  Sexual abuse.  An action for damages for injury suffered as a result of sexual abuse in the first degree as defined in section 709.2, sexual abuse in the second degree as defined in section 709.3, or sexual abuse in the third degree as defined in section 709.4 may be commenced at any time after the commission of the offense.
   NEW SUBSECTION.  12A.  Kidnapping and human trafficking.  An action for damages for injury suffered as a result of kidnapping as defined in section 710.1 or human trafficking as defined in section 710A.2 may be commenced at any time after the commission of the offense.
    Sec. 2.  Section 614.8A, Code 2020, is amended to read as follows:
   614.8A  Damages for child sexual abuse —— time limitation.
   1.  An action for damages for injury suffered as a result of sexual abuse, except for sexual abuse in the first degree as defined in section 709.2, sexual abuse in the second degree as defined in section 709.3, or sexual abuse in the third degree as defined in section 709.4, which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
   2.  An action for damages for injury suffered as a result of sexual abuse in the first degree as defined in section 709.2, sexual abuse in the second degree as defined in section 709.3, or sexual abuse in the third degree as defined in section 709.4 may be commenced at any time after the commission of the offense.
    Sec. 3.  Section 802.2, Code 2020, is amended to read as follows:
   802.2  Sexual abuse —— first, second, or third degree.
   1.  An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within fifteen years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later may be commenced at any time after the commission of the offense.
   2.  An information or indictment for any other sexual abuse in the first, second, or third degree shall be found within ten years after its commission, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
   3.  As used in this section, “identified” means a person’s legal name is known and the person has been determined to be the source of the DNA.
    Sec. 4.  Section 802.2C, Code 2020, is amended to read as follows:
   802.2C  Kidnapping.
   An information or indictment for kidnapping in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later may be commenced at any time after the commission of the offense.
    Sec. 5.  Section 802.2D, Code 2020, is amended to read as follows:
   802.2D  Human trafficking.
   An information or indictment for human trafficking in violation of section 710A.2, committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later may be commenced at any time after the commission of the offense.
    Sec. 6.  Section 802.10, subsection 1, paragraph b, Code 2020, is amended to read as follows:
   b.  “Identified” means the same as defined in section 802.2 a person’s legal name is known and the person has been determined to be the source of the DNA.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the statute of limitations period for criminal and civil actions for sexual abuse in the first, second, or third degree; kidnapping; and human trafficking.
   Under current law, in sexual abuse, kidnapping, and human trafficking cases, an injured person must bring a civil action for injuries suffered or an indictment or information must be filed within certain statutory time periods dependent upon certain circumstances including a victim’s age and whether an offender was identified through the use of a DNA profile.
   The bill allows an information or indictment in a criminal case, or a civil action for damages, for sexual abuse in the first, second, or third degree; kidnapping; or human trafficking, to commence at any time after the commission of the offense. The bill provides that a civil action for sexual abuse offenses, other than sexual abuse in the first, second, or third degree, which occurred when the injured person was a child, but not discovered until after the injured person is the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
   The bill makes a conforming Code change to Code section 802.10 (DNA profile of accused).