Senate
File
2431
-
Enrolled
Senate
File
2431
AN
ACT
RELATING
TO
THE
PERIODS
OF
TIME
TO
BRING
CIVIL
ACTIONS
FOR
INJURIES
THAT
RESULT
FROM
SEX
OFFENSES
AGAINST
MINORS
FOR
THE
PURPOSE
OF
FILING
CLAIMS
AGAINST
THE
BANKRUPTCY
ESTATE
OF
A
CONGRESSIONALLY
CHARTERED
ORGANIZATION,
AND
INCLUDING
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
STATUTE
OF
LIMITATION
MODIFICATION
——
LEGISLATIVE
FINDINGS.
It
is
the
finding
of
the
general
assembly
that
the
following
facts
and
circumstances
are
conditions
precedent
to
this
modification
of
an
existing
Iowa
statute
of
limitation:
1.
That
legislatively
created,
after-the-fact
exceptions
to
the
operation
of
civil
statutes
of
limitation
are,
in
general,
poor
public
policy.
2.
Such
exceptions
tend
to
erode
the
rule
of
law,
respect
for
the
doctrine
of
equal
protection,
and
due
regard
for
the
sanctity
of
contracts.
3.
Notwithstanding
such
principles,
various
parties
have
represented
to
the
general
assembly
that
a
defined
and
discreet
group
of
Iowa
sexual
abuse
victims
face
a
grotesque
miscarriage
of
justice
if
the
operation
of
sections
614.1
and
614.8
is
not
suspended
for
their
benefit.
4.
These
parties
have
also
represented
to
the
general
assembly
that
the
circumstances
surrounding
the
lawsuits
are
unlikely
to
reoccur,
and
that
the
proposed
retroactive
Senate
File
2431,
p.
2
enlargement
of
the
statute
of
limitation
will
not
injure
any
third
party
who
has
not
already
consented
to
settlement
of
their
interests.
5.
But
for
the
unusual
and
exceptionally
rare
circumstances
represented
to
be
present,
an
after-the-fact
enlargement
of
a
statute
of
limitation
would
not
be
considered.
6.
The
action
taken
by
the
general
assembly
in
this
matter
is
not
to
be
considered
or
offered
in
the
future
as
creating
a
precedent
for
future
legislative
action
by
the
general
assembly.
Sec.
2.
CHILD
SEXUAL
ABUSE
CIVIL
ACTIONS
AGAINST
A
BANKRUPTCY
ESTATE
OF
A
CONGRESSIONALLY
CHARTERED
ORGANIZATION
——
EXCEPTION
TO
TIME
LIMITATION.
1.
Notwithstanding
section
614.8,
subsection
2,
and
section
614.8A,
if
an
individual
entitled
to
commence
any
of
the
actions
enumerated
in
chapter
614
was
a
child
at
the
time
the
right
accrued,
an
action
for
injury
may
be
commenced
by
or
on
behalf
of
the
injured
individual
at
any
time,
notwithstanding
any
then
applicable
statute
of
limitation,
if
all
of
the
following
are
true:
a.
The
injury
upon
which
the
action
is
based
arises
from
a
sex
offense
enumerated
in
section
692A.102,
regardless
of
whether
a
criminal
complaint
was
filed
or
a
criminal
conviction
was
obtained.
b.
The
action
is
barred
due
to
the
expiration
of
the
statute
of
limitations
period
described
in
section
614.8,
subsection
2,
or
section
614.8A.
c.
The
action
is
for
purposes
of
making
a
claim
in
a
bankruptcy
proceeding
that
was
initiated
on
February
18,
2020.
d.
The
claim
is
against
the
bankruptcy
estate
of
a
congressionally
chartered
organization.
2.
An
action
brought
under
subsection
1
may
only
be
commenced
against
an
entity
seeking
bankruptcy
protection
as
provided
in
subsection
1
and
not
against
any
other
person
or
entity.
3.
For
purposes
of
this
section,
“child”
means
any
person
under
the
age
of
eighteen
years.
Sec.
3.
FUTURE
REPEAL.
This
Act
is
repealed
December
31,
2026.
Senate
File
2431,
p.
3
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
5.
RETROACTIVE
APPLICABILITY.
This
Act
applies
retroactively
to
injuries
resulting
from
sex
offenses
that
occurred
prior
to
the
effective
date
of
this
Act,
irrespective
of
any
statute
of
limitation
in
effect
at
the
time
the
offense
occurred.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2431,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor