House File 746 S-3142 Amend House File 746, as passed by the House, as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 614.1, Code 2021, is amended by adding 3 the following new subsections: 4 NEW SUBSECTION . 11A. Sexual abuse. An action for damages 5 for injury suffered as a result of sexual abuse in the first 6 degree as defined in section 709.2, sexual abuse in the second 7 degree as defined in section 709.3, or sexual abuse in the 8 third degree as defined in section 709.4 may be commenced at 9 any time after the commission of the offense. 10 NEW SUBSECTION . 12A. Kidnapping and human trafficking. An 11 action for damages for injury suffered as a result of 12 kidnapping as defined in section 710.1 or human trafficking as 13 defined in section 710A.2 may be commenced at any time after 14 the commission of the offense. 15 Sec. ___. Section 614.1, subsection 12, Code 2021, is 16 amended to read as follows: 17 12. Sexual abuse or sexual exploitation by a counselor, 18 therapist, or school employee. 19 a. An action for damages for injury suffered as a result 20 of sexual abuse, as defined in section 709.1 , by a counselor, 21 therapist, or school employee, as defined in section 709.15 , or 22 as a result of sexual exploitation by a counselor, therapist, 23 or school employee shall be brought within five years of the 24 date the victim was last treated by the counselor or therapist, 25 or within five years of the date the victim was last enrolled 26 in or attended the school may be commenced at any time after 27 the commission of the offense . 28 b. A claim or cause of action brought against any party 29 under paragraph “a” alleging intentional or negligent acts 30 or omissions by a person for physical, psychological, or any 31 other injury or condition suffered as a result of conduct 32 by a counselor, therapist, or school employee as defined in 33 section 709.15, if barred as of the effective date of this Act 34 because the applicable period of limitation has expired or 35 -1- HF746.1893 (2) 89 cm/jh 1/ 5 #1.

the plaintiff previously failed to file a petition, is hereby 1 revived, and action thereon may be commenced not later than 2 three years after the effective date of this Act. 3 c. Dismissal of a previous action, ordered before the 4 effective date of this Act, on grounds that such previous 5 action was time-barred or due to the failure of a party to file 6 a petition, shall not be grounds for dismissal of a revival 7 action pursuant to paragraph “b” . 8 Sec. ___. Section 614.8A, Code 2021, is amended to read as 9 follows: 10 614.8A Damages for child sexual abuse , incest, kidnapping, 11 and human trafficking —— time limitation. 12 An action for damages for injury suffered as a result of 13 sexual abuse which occurred when the injured person was a 14 child, but not discovered until after the injured person is of 15 the age of majority, shall be brought within four years from 16 the time of discovery by the injured party of both the injury 17 and the causal relationship between the injury and the sexual 18 abuse. 19 1. Notwithstanding section 614.1, subsections 11A and 20 12A, every claim or cause of action brought against any 21 party alleging intentional or negligent acts or omissions 22 by a person for physical, psychological, any other injury 23 or condition suffered as a result of conduct which would 24 constitute a violation of any of the following, if barred as of 25 the effective date of this Act because the applicable period of 26 limitation has expired or the plaintiff previously failed to 27 file a petition, is hereby revived, and action thereon may be 28 commenced not later than three years after the effective date 29 of this Act: 30 a. Sexual abuse as defined in section 709.1. 31 b. Incest in violation of section 726.2. 32 c. Kidnapping as defined in section 710.1. 33 d. Human trafficking as defined in section 710A.2. 34 2. Dismissal of a previous action, ordered before the 35 -2- HF746.1893 (2) 89 cm/jh 2/ 5

effective date of this Act, on grounds that such previous 1 action was time-barred or due to the failure of a party to file 2 a petition, shall not be grounds for dismissal of a revival 3 action pursuant to this section. > 4 2. Page 1, line 1, by striking < 169.21 > and inserting 5 < 614.8B > 6 3. Page 1, after line 8 by inserting: 7 < Sec. ___. Section 802.2, Code 2021, is amended to read as 8 follows: 9 802.2 Sexual abuse —— first, second, or third degree. 10 1. An information or indictment for sexual abuse in the 11 first, second, or third degree committed on or with a person 12 who is under the age of eighteen years shall be found within 13 fifteen years after the person upon whom the offense is 14 committed attains eighteen years of age, or if the person 15 against whom the information or indictment is sought is 16 identified through the use of a DNA profile, an information or 17 indictment shall be found within three years from the date the 18 person is identified by the person’s DNA profile, whichever is 19 later may be commenced at any time after the commission of the 20 offense . 21 2. An information or indictment for any other sexual abuse 22 in the first, second, or third degree shall be found within ten 23 years after its commission, or if the person against whom the 24 information or indictment is sought is identified through the 25 use of a DNA profile, an information or indictment shall be 26 found within three years from the date the person is identified 27 by the person’s DNA profile, whichever is later. 28 3. As used in this section , “identified” means a person’s 29 legal name is known and the person has been determined to be 30 the source of the DNA. 31 Sec. ___. Section 802.2A, Code 2021, is amended to read as 32 follows: 33 802.2A Incest —— sexual exploitation by a counselor, 34 therapist, or school employee. 35 -3- HF746.1893 (2) 89 cm/jh 3/ 5 #2. #3.

1. An information or indictment for incest under section 1 726.2 committed on or with a person who is under the age of 2 eighteen shall be found within fifteen years after the person 3 upon whom the offense is committed attains eighteen years of 4 age. An information or indictment for any other incest shall 5 be found within ten years after its commission may be commenced 6 at any time after the commission of the offense . 7 2. An indictment or information for sexual exploitation by 8 a counselor, therapist, or school employee under section 709.15 9 committed on or with a person who is under the age of eighteen 10 shall be found within fifteen years after the person upon whom 11 the offense is committed attains eighteen years of age. An 12 information or indictment for any other sexual exploitation 13 shall be found within ten years of the date the victim was last 14 treated by the counselor or therapist, or within ten years of 15 the date the victim was enrolled in or attended the school may 16 be commenced at any time after the commission of the offense . 17 Sec. ___. Section 802.2C, Code 2021, is amended to read as 18 follows: 19 802.2C Kidnapping. 20 An information or indictment for kidnapping in the first, 21 second, or third degree committed on or with a person who is 22 under the age of eighteen years shall be found within ten 23 years after the person upon whom the offense is committed 24 attains eighteen years of age, or if the person against whom 25 the information or indictment is sought is identified through 26 the use of a DNA profile, an information or indictment shall 27 be found within three years from the date the person is 28 identified by the person’s DNA profile, whichever is later may 29 be commenced at any time after the commission of the offense . 30 Sec. ___. Section 802.2D, Code 2021, is amended to read as 31 follows: 32 802.2D Human trafficking. 33 An information or indictment for human trafficking in 34 violation of section 710A.2 , committed on or with a person 35 -4- HF746.1893 (2) 89 cm/jh 4/ 5

who is under the age of eighteen years shall be found within 1 ten years after the person upon whom the offense is committed 2 attains eighteen years of age, or if the person against whom 3 the information or indictment is sought is identified through 4 the use of a DNA profile, an information or indictment shall 5 be found within three years from the date the person is 6 identified by the person’s DNA profile, whichever is later may 7 be commenced at any time after the commission of the offense . 8 Sec. ___. Section 802.10, subsection 1, paragraph b, Code 9 2021, is amended to read as follows: 10 b. “Identified” means the same as defined in section 802.2 a 11 person’s legal name is known and the person has been determined 12 to be the source of the DNA . > 13 4. Title page, line 3, after < veterinarian > by inserting 14 < and for certain criminal and civil actions > 15 5. By renumbering as necessary. 16 ______________________________ JANET PETERSEN -5- HF746.1893 (2) 89 cm/jh 5/ 5 #4. #5.