Text: HSB00600                          Text: HSB00602
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House Study Bill 601

Bill Text

PAG LIN
  1  1    Section 1.  Section 614.8A, Code 2003, is amended to read
  1  2 as follows:
  1  3    614.8A  DAMAGES FOR CHILD SEXUAL ABUSE – TIME LIMITATION.
  1  4    1.  An action for recovery of damages for injury suffered
  1  5 as a result of sexual abuse which occurred when the injured
  1  6 person was a child, but not discovered until after the injured
  1  7 person is of the age of majority, shall be brought within four
  1  8 years from the time of discovery by the injured party of both
  1  9 the injury and the causal relationship between the injury and
  1 10 the sexual abuse.
  1 11    2.  Notwithstanding subsection 1 or any other provision of
  1 12 law to the contrary, any claim for damages described in
  1 13 subsection 1 that would otherwise be barred as of July 1,
  1 14 2004, solely because the applicable statute of limitations has
  1 15 expired, is revived, and in that case, a cause of action may
  1 16 be commenced within one year of July 1, 2004.  Nothing in this
  1 17 subsection shall be construed to alter the applicable statute
  1 18 of limitations that is not time barred as of July 1, 2004.
  1 19 This subsection is repealed effective July 1, 2005.  
  1 20                           EXPLANATION
  1 21    This bill suspends the statute of limitations for a one-
  1 22 year period of time commencing July 1, 2004, in child sexual
  1 23 abuse cases to allow the injured party to file a civil lawsuit
  1 24 for the recovery of damages for injuries suffered as a result
  1 25 of the sexual abuse that would otherwise be barred as of July
  1 26 1, 2004, solely because the applicable statute of limitations
  1 27 has expired.  Current law provides that an action for recovery
  1 28 of damages for injury suffered as a result of child sexual
  1 29 abuse, but not discovered until after the injured person is of
  1 30 the age of majority, must be brought within four years from
  1 31 the time of discovery by the injured party of both the injury
  1 32 and the causal relationship between the injury and the sexual
  1 33 abuse.
  1 34    The bill is repealed effective July 1, 2005.  
  1 35 LSB 5828HC 80
  2  1 rh/gg/14
     

Text: HSB00600                          Text: HSB00602
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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