House File 2558 S-5172 Amend the amendment, S-5149, to House File 2558, as amended, 1 passed, and reprinted by the House, as follows: 2 1. Page 6, after line 5 by inserting: 3 < Sec. ___. Section 602.1205, Code 2022, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 3. a. The district court shall try civil 6 cases in the order in which cases are initiated by the filing 7 of a petition, provided that the following cases shall be 8 entitled to a preference: 9 (1) Actions that have been revived pursuant to section 10 614.1, subsection 12, paragraph “b” , or section 614.8A, 11 subsection 2. 12 (2) An action in which the interests of justice, as 13 determined by the supreme court, will be served by early trial. 14 b. The court shall adopt rules to implement this subsection. 15 c. Unless the court otherwise orders, notice of a motion 16 for preference shall be served with the petition by the party 17 serving the petition, or ten days after such service by any 18 other party. > 19 2. Page 6, after line 21 by inserting: 20 < Sec. ___. Section 614.1, subsection 12, Code 2022, is 21 amended to read as follows: 22 12. Sexual abuse or sexual exploitation by a counselor, 23 therapist, school employee, or adult providing training or 24 instruction. 25 a. (1) An If the victim was eighteen years of age or 26 older, an action for damages for injury suffered as a result 27 of sexual abuse, as defined in section 709.1 , by a counselor, 28 therapist, school employee, or adult providing training or 29 instruction, as defined in section 709.15 , or as a result of 30 sexual exploitation by a counselor, therapist, school employee, 31 or adult providing training or instruction shall be brought 32 within five years of the date the victim was last treated by 33 the counselor or therapist, or within five years of the date 34 the victim was last enrolled in or attended the school. 35 -1- S 5149.4571 (2) 89 as/tm 1/ 4 #1. #2.

(2) If the victim was a minor, an action for damages for 1 injury suffered as a result of sexual abuse, as defined in 2 section 709.1, by a counselor, therapist, school employee, or 3 adult providing training or instruction, as defined in section 4 709.15, or as a result of sexual exploitation by a counselor, 5 therapist, school employee, or adult providing training or 6 instruction shall be brought at any time. 7 b. (1) Notwithstanding paragraph “a” , subparagraph (2), 8 every claim or cause of action brought against any party 9 alleging intentional or negligent acts or omissions by a person 10 for physical, psychological, or other injury or condition 11 suffered as a result of conduct which would constitute sexual 12 abuse as defined in section 709.1, by a counselor, therapist, 13 school employee, or adult providing training or instruction, 14 as defined in section 709.15, or as a result of sexual 15 exploitation by a counselor, therapist, school employee, or 16 adult providing training or instruction, which is barred as of 17 the effective date of this Act because the applicable period 18 of limitation has expired or the plaintiff previously failed 19 to file a petition, is revived, and action thereon may be 20 commenced not later than three years after the effective date 21 of the Act. 22 (2) Dismissal of a previous action, ordered before the 23 effective date of the Act, on grounds that such previous action 24 was time-barred, or for failure of a party to file a petition, 25 shall not be grounds for dismissal of a revival action pursuant 26 to this paragraph. 27 Sec. ___. Section 614.8, Code 2022, is amended to read as 28 follows: 29 614.8 Minors and persons with mental illness. 30 1. The Except as provided in section 614.1, subsection 31 12, or section 614.8A, the times limited for actions in this 32 chapter , or for complaints or claims in chapter 216 , 669 , or 33 670 , except those brought for penalties and forfeitures, are 34 extended in favor of persons with mental illness, so that they 35 -2- S 5149.4571 (2) 89 as/tm 2/ 4

shall have one year from and after the termination of the 1 disability within which to file a complaint pursuant to chapter 2 216 , to make a claim pursuant to chapter 669 or 670 , or to 3 otherwise commence an action. 4 2. Except as provided in section 614.1, subsection 9 or 5 12, or section 614.8A , the times limited for actions in this 6 chapter , or for complaints or claims in chapter 216 , 659A , 669 , 7 or 670 , except those brought for penalties and forfeitures, are 8 extended in favor of minors, so that they shall have one year 9 from and after attainment of majority within which to file a 10 complaint pursuant to chapter 216 , to make a claim pursuant to 11 chapter 669 , or to otherwise commence an action. 12 Sec. ___. Section 614.8A, Code 2022, is amended to read as 13 follows: 14 614.8A Damages Commencement of action for minor or child 15 sexual abuse and other sexual offenses —— no time limitation. 16 An action for damages for injury suffered as a result of 17 sexual abuse which occurred when the injured person was a 18 child, but not discovered until after the injured person is of 19 the age of majority, shall be brought within four years from 20 the time of discovery by the injured party of both the injury 21 and the causal relationship between the injury and the sexual 22 abuse. 23 1. Notwithstanding the times limited for actions in this 24 chapter, an action relating to injuries suffered as a result of 25 sexual abuse as defined in section 802.2, and injuries suffered 26 as a result of other sexual offenses including lascivious acts 27 with a child in violation of section 709.8, assault with intent 28 to commit sexual abuse in violation of section 709.11, indecent 29 contact with a child in violation of section 709.12, lascivious 30 conduct with a minor in violation of section 709.14, sexual 31 misconduct with a juvenile in violation of section 709.16, 32 subsection 2, child endangerment in violation of section 726.6, 33 or sexual exploitation of a minor in violation of section 34 728.12, which occurred when the injured party was a minor may 35 -3- S 5149.4571 (2) 89 as/tm 3/ 4

be brought at any time. 1 2. a. Notwithstanding subsection 1, every claim or cause 2 of action brought against any party alleging intentional 3 or negligent acts or omissions by a person for physical, 4 psychological, or other injury or condition suffered as a 5 result of conduct which would constitute sexual abuse as 6 defined in section 709.1, by a counselor, therapist, or school 7 employee as defined in section 709.15, subsection 1, or as a 8 result of sexual exploitation by a counselor, therapist, or 9 school, which is barred as of the effective date of this Act 10 because the applicable period of limitation has expired or 11 the plaintiff previously failed to file a petition, is hereby 12 revived, and action thereon may be commenced not later than 13 three years after the effective date of this Act. 14 b. Dismissal of a previous action, ordered before the 15 effective date of this Act, on grounds that such previous 16 action was time-barred, or of failure of a party to file a 17 petition, shall not be grounds for dismissal of a revival 18 action pursuant to this section. > 19 3. By renumbering as necessary. 20 ______________________________ JANET PETERSEN -4- S 5149.4571 (2) 89 as/tm 4/ 4 #3.