SSB 3032 (LSB 5393XC (4) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

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. 
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 subsection:
   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. 
    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 802.10, 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. Under current law, an injured person may bring a civil action for damages for injury suffered as a result of sexual abuse within two years and a civil action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority (18), 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. An information or indictment for a sexual abuse offense committed on or with a person who is under 18 years of age shall be found within 15 years after the person upon whom the offense is committed attains 18 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. For other sexual abuse offenses committed upon a person 18 years of age or older, the information or indictment shall be found within 10 years after the commission of the offense, 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. 
   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, to commence at any time after the commission of the offense. Civil actions 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).