S-3094

   Amend House File 6, as amended, passed, and reprinted by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 614.1, subsection 12, Code 2015, is amended to read as follows:
   12.  Sexual abuse or sexual exploitation by a counselor, therapist, or school employee.  An action for damages for injury suffered as a result of sexual abuse, as defined in section 709.1, by a counselor, therapist, or school employee, as defined in section 709.15, or as a result of sexual exploitation by a counselor, therapist, or school employee shall be brought within five ten years of the date the victim was last treated by the counselor or therapist, or within five ten years of the date the victim was last enrolled in or attended the school, or, if the victim was a minor when the sexual abuse or sexual exploitation occurred, within ten years of the date the victim attains the age of eighteen.
   Sec. 2.  Section 614.8, subsection 2, Code 2015, is amended to read as follows:
   2.  Except as provided in section 614.1, subsection subsections 9 and 12, the times limited for actions in this chapter, or chapter 216, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669 or 670, or to otherwise commence an action.
   Sec. 3.  Section 709.15, subsection 1, paragraph f, Code 2015, is amended by striking the paragraph and inserting in lieu thereof the following:
   f.  (1)  “School employee” means any of the following, except as provided in subparagraph (2):
   (a)  A person who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners under chapter 272.
   (b)  A person employed by a school district or nonpublic school full-time or part-time.
   (c)  A contract employee of a school district or nonpublic school who has significant contact with students enrolled in the school district or nonpublic school.
   (d)  A person who performs services as a volunteer for a school district or nonpublic school and who has significant contact with students enrolled in the school district or nonpublic school.
   (2)  “School employee” does not include a student enrolled in a school district or nonpublic school. A person who would otherwise meet the definition of school employee under subparagraph (1), subparagraph division (d), shall not be considered a school employee for purposes of this paragraph “f” if the person is less than four years older than the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”, and the person is not in a position of direct authority over the student.
   Sec. 4.  Section 709.15, subsection 3, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The provisions of this subsection do not apply to a person who is employed by, volunteers for, or is under contract with a school district or nonpublic school if the student is not enrolled in the same school district or nonpublic school that employs the person or for which the person volunteers or is under contract, and the person does not meet the requirements of subsection 1, paragraph “f”, subparagraph (1), subparagraph division (a).>
   2.  Title page, by striking lines 1 through 3 and inserting <An Act relating to sexual abuse, the criminal offense of and applicability of related penalties for sexual exploitation by a counselor, therapist, or school employee, and the time within which actions may be brought for damages for such injury.>
   3.  By renumbering as necessary.

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COMMITTEE ON JUDICIARY

STEVEN J. SODDERS, CHAIRPERSON