Text: HSB00600 Text: HSB00602 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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1 19 This subsection is repealed effective July 1, 2005.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1 34 The bill is repealed effective July 1, 2005.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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