House File 2176 - Introduced



                                       HOUSE FILE       
                                       BY  MASCHER, LENSING, and JACOBY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the statute of limitations in a child sexual
  2    abuse case.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6188HH 81
  5 rh/cf/24

PAG LIN



  1  1    Section 1.  Section 614.8A, Code 2005, is amended to read
  1  2 as follows:
  1  3    614.8A  DAMAGES FOR CHILD SEXUAL ABUSE == TIME LIMITATION.
  1  4    1.  An action for recovery of damages for injury suffered
  1  5 as a result of sexual abuse which occurred when the injured
  1  6 person was a child, but not discovered until after the injured
  1  7 person is of the age of majority, shall be brought within four
  1  8 years from the time of discovery by the injured party of both
  1  9 the injury and the causal relationship between the injury and
  1 10 the sexual abuse.
  1 11    2.  Notwithstanding subsection 1 or any other provision of
  1 12 law to the contrary, an action for recovery of damages
  1 13 described in subsection 1 that would otherwise be barred as of
  1 14 July 1, 2006, solely because the four=year statute of
  1 15 limitations has expired, is revived, and in that case, an
  1 16 action may be commenced at anytime from July 1, 2006, through
  1 17 June 30, 2008.  This subsection shall not be construed to
  1 18 alter the applicable statute of limitations that is not time
  1 19 barred as of July 1, 2006.  This subsection is repealed
  1 20 effective July 1, 2008.
  1 21                           EXPLANATION
  1 22    This bill suspends the statute of limitations for a two=
  1 23 year period of time commencing July 1, 2006, in child sexual
  1 24 abuse cases to allow the injured party to file a civil lawsuit
  1 25 for the recovery of damages for injuries suffered as a result
  1 26 of the sexual abuse that would otherwise be barred as of July
  1 27 1, 2006, solely because the applicable statute of limitations
  1 28 has expired.  Current law provides that an action for recovery
  1 29 of damages for injury suffered as a result of child sexual
  1 30 abuse, but not discovered until after the injured person is of
  1 31 the age of majority, must be brought within four years from
  1 32 the time of discovery by the injured party of both the injury
  1 33 and the causal relationship between the injury and the sexual
  1 34 abuse.
  1 35    The bill's provision regarding suspension of the statute of
  2  1 limitations is repealed effective July 1, 2008.
  2  2 LSB 6188HH 81
  2  3 rh:rj/cf/24