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Senate File 261 - IntroducedA Bill ForAn Act 1modifying the periods of time to bring civil actions by
2victims of sexual abuse.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 11A. Sexual abuse. No time limitation
4shall apply to an action brought for damages for an injury
5suffered as a result of sexual abuse as defined in section
6709.1.
7 Sec. 2. Section 614.1, subsection 12, Code 2023, is amended
8to read as follows:
912. Sexual abuse or sexual exploitation by a counselor,
10therapist, school employee, or adult providing training or
11instruction. An action for damages for injury suffered as
12a result of sexual abuse, as defined in section 709.1, by a
13counselor, therapist, school employee, or adult providing
14training or instruction, as defined in section 709.15, or as a
15result of sexual exploitation by a counselor, therapist, school
16employee, or adult providing training or instruction as defined
17in section 709.15, shall be brought within five years of the
18date the victim was last treated by the counselor or therapist,
19or within five years of the date the victim was last enrolled
20in or attended the school.
21 Sec. 3. Section 669.13, subsection 1, Code 2023, is amended
22to read as follows:
231. Except as provided in section 614.1, subsection 11A,
24and section 614.8, a claim or suit otherwise permitted under
25this chapter shall be forever barred, unless within two years
26after the claim accrued, the claim is made in writing and filed
27with the director of the department of management under this
28chapter. The time to begin a suit under this chapter shall be
29extended for a period of six months from the date of mailing of
30notice to the claimant by the attorney general as to the final
31disposition of the claim or from the date of withdrawal of the
32claim under section 669.5, if the time to begin suit would
33otherwise expire before the end of the period.
34 Sec. 4. Section 670.5, unnumbered paragraph 1, Code 2023,
35is amended to read as follows:
-1- 1Except as provided in section 614.1, subsection 11A,
2and section 614.8, a person who claims damages from any
3municipality or any officer, employee or agent of a
4municipality for or on account of any wrongful death, loss, or
5injury within the scope of section 670.2 or section 670.8 or
6under common law shall commence an action therefor within two
7years after the alleged wrongful death, loss, or injury.
8 Sec. 5. REPEAL. Section 614.8A, Code 2023, is repealed.
9 Sec. 6. REVIVAL.
101. Every claim or cause of action brought against any party
11alleging intentional or negligent acts or omissions by a person
12for physical, psychological, or other injury or condition
13suffered as a result of conduct which would constitute sexual
14abuse as defined in section 709.1, which is barred as of the
15effective date of this Act because the applicable period of
16limitation has expired or the plaintiff previously failed to
17file a petition, is hereby revived.
182. Dismissal of such a previous action, ordered before the
19effective date of this Act, on grounds that the action was
20time-barred, or for failure of a party to file a petition,
21shall not be grounds for dismissal of a revival action pursuant
22to this section.
23 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
24importance, takes effect upon enactment.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill provides that there is no time limitation to bring
29civil actions relating to sexual abuse.
30Under current Code section 614.1(12), a civil action for
31damages for injury suffered as result of sexual abuse or sexual
32exploitation by a counselor, therapist, school employee, or
33adult providing training or instruction can only be brought
34within five years after the date that the victim was either
35last treated by the counselor or therapist or last enrolled in
-2-1or attended the school. Current Code section 614.8A provides a
2four-year limitation for civil actions of sexual abuse against
3a child not discovered until after the injured person is of the
4age of majority. These provisions are stricken or repealed to
5the extent they are duplicative or inconsistent with the bill.
6If an action was previously dismissed before the effective date
7of the bill on the grounds that it was time-barred or because
8the party failed to file a petition, the bill provides the
9party the right to file a revival action.
10The bill also provides that state tort claims and tort
11liability of governmental subdivisions statutes of limitations
12do not apply to sexual abuse actions.
13The bill takes effect upon enactment.
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2victims of sexual abuse.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 11A. Sexual abuse. No time limitation
4shall apply to an action brought for damages for an injury
5suffered as a result of sexual abuse as defined in section
6709.1.
7 Sec. 2. Section 614.1, subsection 12, Code 2023, is amended
8to read as follows:
912. Sexual abuse or sexual exploitation by a counselor,
10therapist, school employee, or adult providing training or
11instruction. An action for damages for injury suffered as
12a result of sexual abuse, as defined in section 709.1, by a
13counselor, therapist, school employee, or adult providing
14training or instruction, as defined in section 709.15, or as a
15result of sexual exploitation by a counselor, therapist, school
16employee, or adult providing training or instruction as defined
17in section 709.15, shall be brought within five years of the
18date the victim was last treated by the counselor or therapist,
19or within five years of the date the victim was last enrolled
20in or attended the school.
21 Sec. 3. Section 669.13, subsection 1, Code 2023, is amended
22to read as follows:
231. Except as provided in section 614.1, subsection 11A,
24and section 614.8, a claim or suit otherwise permitted under
25this chapter shall be forever barred, unless within two years
26after the claim accrued, the claim is made in writing and filed
27with the director of the department of management under this
28chapter. The time to begin a suit under this chapter shall be
29extended for a period of six months from the date of mailing of
30notice to the claimant by the attorney general as to the final
31disposition of the claim or from the date of withdrawal of the
32claim under section 669.5, if the time to begin suit would
33otherwise expire before the end of the period.
34 Sec. 4. Section 670.5, unnumbered paragraph 1, Code 2023,
35is amended to read as follows:
-1- 1Except as provided in section 614.1, subsection 11A,
2and section 614.8, a person who claims damages from any
3municipality or any officer, employee or agent of a
4municipality for or on account of any wrongful death, loss, or
5injury within the scope of section 670.2 or section 670.8 or
6under common law shall commence an action therefor within two
7years after the alleged wrongful death, loss, or injury.
8 Sec. 5. REPEAL. Section 614.8A, Code 2023, is repealed.
9 Sec. 6. REVIVAL.
101. Every claim or cause of action brought against any party
11alleging intentional or negligent acts or omissions by a person
12for physical, psychological, or other injury or condition
13suffered as a result of conduct which would constitute sexual
14abuse as defined in section 709.1, which is barred as of the
15effective date of this Act because the applicable period of
16limitation has expired or the plaintiff previously failed to
17file a petition, is hereby revived.
182. Dismissal of such a previous action, ordered before the
19effective date of this Act, on grounds that the action was
20time-barred, or for failure of a party to file a petition,
21shall not be grounds for dismissal of a revival action pursuant
22to this section.
23 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
24importance, takes effect upon enactment.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill provides that there is no time limitation to bring
29civil actions relating to sexual abuse.
30Under current Code section 614.1(12), a civil action for
31damages for injury suffered as result of sexual abuse or sexual
32exploitation by a counselor, therapist, school employee, or
33adult providing training or instruction can only be brought
34within five years after the date that the victim was either
35last treated by the counselor or therapist or last enrolled in
-2-1or attended the school. Current Code section 614.8A provides a
2four-year limitation for civil actions of sexual abuse against
3a child not discovered until after the injured person is of the
4age of majority. These provisions are stricken or repealed to
5the extent they are duplicative or inconsistent with the bill.
6If an action was previously dismissed before the effective date
7of the bill on the grounds that it was time-barred or because
8the party failed to file a petition, the bill provides the
9party the right to file a revival action.
10The bill also provides that state tort claims and tort
11liability of governmental subdivisions statutes of limitations
12do not apply to sexual abuse actions.
13The bill takes effect upon enactment.
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