House File 6 S-3094 Amend House File 6, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 614.1, subsection 12, Code 5 2015, is amended to read as follows: 6 12. Sexual abuse or sexual exploitation by a 7 counselor, therapist, or school employee. An action 8 for damages for injury suffered as a result of sexual 9 abuse, as defined in section 709.1 , by a counselor, 10 therapist, or school employee, as defined in section 11 709.15 , or as a result of sexual exploitation by a 12 counselor, therapist, or school employee shall be 13 brought within five ten years of the date the victim 14 was last treated by the counselor or therapist, or 15 within five ten years of the date the victim was 16 last enrolled in or attended the school , or, if the 17 victim was a minor when the sexual abuse or sexual 18 exploitation occurred, within ten years of the date the 19 victim attains the age of eighteen . 20 Sec. 2. Section 614.8, subsection 2, Code 2015, is 21 amended to read as follows: 22 2. Except as provided in section 614.1, subsection 23 subsections 9 and 12 , the times limited for actions in 24 this chapter , or chapter 216 , 669 , or 670 , except those 25 brought for penalties and forfeitures, are extended 26 in favor of minors, so that they shall have one year 27 from and after attainment of majority within which to 28 file a complaint pursuant to chapter 216 , to make a 29 claim pursuant to chapter 669 or 670 , or to otherwise 30 commence an action. 31 Sec. 3. Section 709.15, subsection 1, paragraph f, 32 Code 2015, is amended by striking the paragraph and 33 inserting in lieu thereof the following: 34 f. (1) “School employee” means any of the 35 following, except as provided in subparagraph (2): 36 (a) A person who holds a license, certificate, 37 authorization, or statement of recognition issued by 38 the board of educational examiners under chapter 272. 39 (b) A person employed by a school district or 40 nonpublic school full-time or part-time. 41 (c) A contract employee of a school district or 42 nonpublic school who has significant contact with 43 students enrolled in the school district or nonpublic 44 school. 45 (d) A person who performs services as a volunteer 46 for a school district or nonpublic school and who has 47 significant contact with students enrolled in the 48 school district or nonpublic school. 49 (2) “School employee” does not include a student 50 -1- HF6.1295 (4) 86 kh/nh 1/ 2 #1.

enrolled in a school district or nonpublic school. 1 A person who would otherwise meet the definition of 2 school employee under subparagraph (1), subparagraph 3 division (d), shall not be considered a school employee 4 for purposes of this paragraph “f” if the person is 5 less than four years older than the student with 6 whom the person engages in conduct prohibited under 7 subsection 3, paragraph “a” , and the person is not in a 8 position of direct authority over the student. 9 Sec. 4. Section 709.15, subsection 3, Code 2015, is 10 amended by adding the following new paragraph: 11 NEW PARAGRAPH . c. The provisions of this 12 subsection do not apply to a person who is employed 13 by, volunteers for, or is under contract with a school 14 district or nonpublic school if the student is not 15 enrolled in the same school district or nonpublic 16 school that employs the person or for which the person 17 volunteers or is under contract, and the person does 18 not meet the requirements of subsection 1, paragraph 19 “f” , subparagraph (1), subparagraph division (a). > 20 2. Title page, by striking lines 1 through 3 21 and inserting < An Act relating to sexual abuse, the 22 criminal offense of and applicability of related 23 penalties for sexual exploitation by a counselor, 24 therapist, or school employee, and the time within 25 which actions may be brought for damages for such 26 injury. > 27 3. By renumbering as necessary. 28 ______________________________ COMMITTEE ON JUDICIARY STEVEN J. SODDERS, CHAIRPERSON -2- HF6.1295 (4) 86 kh/nh 2/ 2 #2. #3.