Senate File 2328 S-5054 Amend the amendment, S-5048, to Senate File 2328, as 1 follows: 2 1. Page 3, after line 23 by inserting: 3 < DIVISION ___ 4 COURT PROCEDURE IN CIVIL CASES —— STATUTES OF LIMITATIONS FOR 5 CERTAIN CIVIL ACTIONS 6 Sec. ___. Section 602.1205, Code 2022, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 3. a. The district court shall try civil 9 cases in the order in which cases are initiated by the filing 10 of a petition, provided that the following cases shall be 11 entitled to a preference: 12 (1) Actions that have been revived pursuant to section 13 614.1, subsection 12, paragraph “b” , or section 614.8A, 14 subsection 2. 15 (2) An action in which the interests of justice, as 16 determined by the supreme court, will be served by early trial. 17 b. The court shall adopt rules to implement this subsection. 18 c. Unless the court otherwise orders, notice of a motion 19 for preference shall be served with the petition by the party 20 serving the petition, or ten days after such service by any 21 other party. 22 Sec. ___. Section 614.1, subsection 12, Code 2022, is 23 amended to read as follows: 24 12. a. (1) Sexual abuse or sexual exploitation by a 25 counselor, therapist, school employee, or adult providing 26 training or instruction. An If the victim was eighteen years 27 of age or older, an action for damages for injury suffered 28 as a result of sexual abuse, as defined in section 709.1 , by 29 a counselor, therapist, school employee, or adult providing 30 training or instruction, as defined in section 709.15 , or as a 31 result of sexual exploitation by a counselor, therapist, school 32 employee, or adult providing training or instruction shall 33 be brought within five years of the date the victim was last 34 treated by the counselor or therapist, or within five years 35 -1- S 5048.3744 (2) 89 as/rh 1/ 4 #1.

of the date the victim was last enrolled in or attended the 1 school. 2 (2) If the victim was a minor, an action for damages for 3 injury suffered as a result of sexual abuse, as defined in 4 section 709.1, by a counselor, therapist, or school employee, 5 as defined in section 709.15, or as a result of sexual 6 exploitation by a counselor, therapist, or school employee may 7 be brought at any time. 8 b. (1) Notwithstanding paragraph “a” , subparagraph (2), 9 every claim or cause of action brought against any party 10 alleging intentional or negligent acts or omissions by a person 11 for physical, psychological, or other injury or condition 12 suffered as a result of conduct which would constitute sexual 13 abuse as defined in section 709.1, by a counselor, therapist, 14 or school employee as defined in section 709.15, or as a 15 result of sexual exploitation by a counselor, therapist, or 16 school, which is barred as of the effective date of this Act 17 because the applicable period of limitation has expired or 18 the plaintiff previously failed to file a petition, is hereby 19 revived, and action thereon may be commenced not later than 20 three years after the effective date of this Act. 21 (2) Dismissal of a previous action, ordered before the 22 effective date of this Act, on grounds that such previous 23 action was time-barred, or of failure of a party to file a 24 petition, shall not be grounds for dismissal of a revival 25 action pursuant to this paragraph. 26 Sec. ___. Section 614.8, Code 2022, is amended to read as 27 follows: 28 614.8 Minors and persons with mental illness. 29 1. The Except as provided in section 614.1, subsection 30 12, or section 614.8A, the times limited for actions in this 31 chapter , or for complaints or claims in chapter 216 , 669 , or 32 670 , except those brought for penalties and forfeitures, are 33 extended in favor of persons with mental illness, so that they 34 shall have one year from and after the termination of the 35 -2- S 5048.3744 (2) 89 as/rh 2/ 4

disability within which to file a complaint pursuant to chapter 1 216 , to make a claim pursuant to chapter 669 or 670 , or to 2 otherwise commence an action. 3 2. Except as provided in section 614.1, subsection 9 or 4 12, or section 614.8A , the times limited for actions in this 5 chapter , or for complaints or claims in chapter 216 , 659A , 669 , 6 or 670 , except those brought for penalties and forfeitures, are 7 extended in favor of minors, so that they shall have one year 8 from and after attainment of majority within which to file a 9 complaint pursuant to chapter 216 , to make a claim pursuant to 10 chapter 669 , or to otherwise commence an action. 11 Sec. ___. Section 614.8A, Code 2022, is amended to read as 12 follows: 13 614.8A Damages Commencement of action for minor or child 14 sexual abuse and other sexual offenses —— no time limitation. 15 An action for damages for injury suffered as a result of 16 sexual abuse which occurred when the injured person was a 17 child, but not discovered until after the injured person is of 18 the age of majority, shall be brought within four years from 19 the time of discovery by the injured party of both the injury 20 and the causal relationship between the injury and the sexual 21 abuse. 22 1. Notwithstanding the times limited for actions in this 23 chapter, an action relating to injuries suffered as a result of 24 sexual abuse as defined in section 802.2, and injuries suffered 25 as a result of other sexual offenses including lascivious acts 26 with a child in violation of section 709.8, assault with intent 27 to commit sexual abuse in violation of section 709.11, indecent 28 contact with a child in violation of section 709.12, lascivious 29 conduct with a minor in violation of section 709.14, sexual 30 misconduct with a juvenile in violation of section 709.16, 31 subsection 2, child endangerment in violation of section 726.6, 32 or sexual exploitation of a minor in violation of section 33 728.12, which occurred when the injured party was a minor may 34 be brought at any time. 35 -3- S 5048.3744 (2) 89 as/rh 3/ 4

2. a. Notwithstanding subsection 1, every claim or cause 1 of action brought against any party alleging intentional 2 or negligent acts or omissions by a person for physical, 3 psychological, or other injury or condition suffered as a 4 result of conduct which would constitute sexual abuse as 5 defined in section 709.1, by a counselor, therapist, or school 6 employee as defined in section 709.15, subsection 1, or as a 7 result of sexual exploitation by a counselor, therapist, or 8 school, which is barred as of the effective date of this Act 9 because the applicable period of limitation has expired or 10 the plaintiff previously failed to file a petition, is hereby 11 revived, and action thereon may be commenced not later than 12 three years after the effective date of this Act. 13 b. Dismissal of a previous action, ordered before the 14 effective date of this Act, on grounds that such previous 15 action was time-barred, or of failure of a party to file a 16 petition, shall not be grounds for dismissal of a revival 17 action pursuant to this section. > 18 2. Page 3, line 29, after < conditional guilty pleas, > 19 by inserting < court procedure in civil cases, statues of 20 limitations in civil actions, > 21 ______________________________ JANET PETERSEN -4- S 5048.3744 (2) 89 as/rh 4/ 4 #2.