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 This subsection is repealed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2 1 limitations is repealed effective July 1, 2008.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