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 This subsection is repealed 1 20 effective July 1, 2008. 1 21 EXPLANATION 1 22 This bill suspends the statute of limitations for a two= 1 23 year period of time commencing July 1, 2006,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injury and the sexual 1 34 abuse. 1 35 The bill's provision regarding suspension of the statute of 2 1 limitations is repealed effective July 1, 2008. 2 2 LSB 6188HH 81 2 3 rh:rj/cf/24