House File 201 S-3182 Amend House File 201, 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 and other sexual 5 offenses. An action for damages for injury suffered when the 6 victim was a minor as a result of sexual abuse in the first 7 degree as defined in section 709.2, sexual abuse in the second 8 degree as defined in section 709.3, sexual abuse in the third 9 degree as defined in section 709.4 or other sexual offenses as 10 provided in section 802.2B may be commenced at any time after 11 the commission of the offense. 12 NEW SUBSECTION . 12A. Kidnapping and human trafficking. An 13 action for damages for injury suffered when the victim was a 14 minor as a result of kidnapping as defined in section 710.1 or 15 human trafficking as defined in section 710A.2 may be commenced 16 at any time after the commission of the offense. 17 Sec. 2. Section 614.1, subsection 12, Code 2021, is amended 18 to read as follows: 19 12. Sexual abuse or sexual exploitation by a counselor, 20 therapist, or school employee. 21 a. An action for damages for injury suffered as a result 22 of sexual abuse, as defined in section 709.1 , by a counselor, 23 therapist, or school employee, as defined in section 709.15 , or 24 as a result of sexual exploitation by a counselor, therapist, 25 or school employee shall be brought within five years of the 26 date the victim was last treated by the counselor or therapist, 27 or within five years of the date the victim was last enrolled 28 in or attended the school may be commenced at any time after 29 the commission of the offense . 30 b. A claim or cause of action brought against any party 31 under paragraph “a” alleging intentional or negligent acts 32 or omissions by a person for physical, psychological, or any 33 other injury or condition suffered as a result of conduct 34 by a counselor, therapist, or school employee as defined in 35 -1- HF 201.2281 (2) 89 as/rh 1/ 3 #1.
section 709.15, if barred as of the effective date of this Act 1 because the applicable period of limitation has expired or 2 the plaintiff previously failed to file a petition, is hereby 3 revived, and action thereon may be commenced not later than 4 three years after the effective date of this Act. 5 c. Dismissal of a previous action, ordered before the 6 effective date of this Act, on grounds that such previous 7 action was time-barred or due to the failure of a party to file 8 a petition, shall not be grounds for dismissal of a revival 9 action pursuant to paragraph “b” . 10 Sec. 3. Section 614.8A, Code 2021, is amended to read as 11 follows: 12 614.8A Damages Commencement of action for minor or child 13 sexual abuse and other sexual offenses —— no time limitation. 14 An action for damages for injury suffered as a result of 15 sexual abuse which occurred when the injured person was a 16 child, but not discovered until after the injured person is of 17 the age of majority, shall be brought within four years from 18 the time of discovery by the injured party of both the injury 19 and the causal relationship between the injury and the sexual 20 abuse. 21 1. Notwithstanding section 614.1, subsections 11A and 22 12A, every claim or cause of action brought against any party 23 alleging intentional or negligent acts or omissions by a person 24 for physical, psychological, or any other injury or condition 25 suffered as a result of conduct which occurred when the injured 26 person was a minor and which would constitute a violation 27 of any of the following, if barred as of the effective date 28 of this Act because the applicable period of limitation has 29 expired or the plaintiff previously failed to file a petition, 30 is hereby revived, and action thereon may be commenced not 31 later than three years after the effective date of this Act: 32 a. Sexual abuse as defined in section 709.1. 33 b. Lascivious acts with a child in violation of section 34 709.8. 35 -2- HF 201.2281 (2) 89 as/rh 2/ 3
c. Assault with intent to commit sexual abuse in violation 1 of section 709.11. 2 d. Indecent contact with a child in violation of section 3 709.12. 4 e. Lascivious conduct with a minor in violation of section 5 709.14. 6 f. Sexual misconduct with a juvenile in violation of section 7 709.16, subsection 2. 8 g. Kidnapping as defined in section 710.1. 9 h. Human trafficking as defined in section 710A.2. 10 i. Incest in violation of section 726.2. 11 j. Child endangerment in violation of section 726.6, 12 subsection 4, 5, or 6. 13 k. Sexual exploitation of a minor in violation of section 14 728.12. 15 2. Dismissal of a previous action, ordered before the 16 effective date of this Act, on grounds that such previous 17 action was time-barred or due to the failure of a party to file 18 a petition, shall not be grounds for dismissal of a revival 19 action pursuant to this section. > 20 2. Title page, by striking lines 1 through 3 and inserting 21 < An Act relating to the sex offender registry, sexually 22 motivated extortion, and the statute of limitations periods for 23 certain civil actions. > 24 ______________________________ JANET PETERSEN -3- HF 201.2281 (2) 89 as/rh 3/ 3 #2.