Senate File 2229 - Introduced SENATE FILE 2229 BY GRONSTAL A BILL FOR An Act modifying the periods of time to bring civil and 1 criminal actions relating to the sexual abuse of minors. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5473XS (5) 84 jm/rj
S.F. 2229 Section 1. Section 614.8, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. Except as provided in section 614.1, subsection 9 , or 3 section 614.8A , the times limited for actions in this chapter , 4 or chapter 216 , 669 , or 670 , except those brought for penalties 5 and forfeitures, are extended in favor of minors, so that they 6 shall have one year from and after attainment of majority 7 within which to file a complaint pursuant to chapter 216 , to 8 make a claim pursuant to chapter 669 , or to otherwise commence 9 an action. 10 Sec. 2. Section 614.8A, Code 2011, is amended to read as 11 follows: 12 614.8A Damages Commencement of action for minor or child 13 sexual abuse —— time limitation. 14 1. Notwithstanding section 614.8, subsection 2, and the 15 times limited for actions in this chapter, the time to file an 16 action relating to sexual abuse which occurred when the injured 17 person was a minor, is extended ten years beyond the minor’s 18 attainment of eighteen years of age. 19 2. An In addition to the extension of time provided in 20 subsection 1, an action for damages for injury suffered as a 21 result of sexual abuse which occurred when the injured person 22 was a child, but not discovered until after the injured person 23 is of the age of majority, shall be brought within four ten 24 years from the time of discovery by the injured party of both 25 the injury and the causal relationship between the injury and 26 the sexual abuse. 27 Sec. 3. Section 802.2, subsection 1, Code 2011, is amended 28 to read as follows: 29 1. An information or indictment for sexual abuse in the 30 first, second, or third degree committed on or with a person 31 who is under the age of eighteen years shall be found within 32 ten twenty years after the person upon whom the offense is 33 committed attains eighteen years of age, or if the person 34 against whom the information or indictment is sought is 35 -1- LSB 5473XS (5) 84 jm/rj 1/ 2
S.F. 2229 identified through the use of a DNA profile, an information or 1 indictment shall be found within three years from the date the 2 person is identified by the person’s DNA profile, whichever is 3 later. 4 EXPLANATION 5 This bill modifies the periods of time to bring civil and 6 criminal actions relating to the sexual abuse of minors. 7 Under the bill, the time for filing a civil action relating 8 to sexual abuse which occurred when the injured person was 9 a minor is extended from one year after the attainment of 10 majority to 10 years after the attainment of majority. 11 The bill also provides that a civil action for damages 12 relating to sexual abuse which occurred when the injured party 13 was a child under 14 years of age, shall be brought within 10 14 years from the time of the discovery of both the injury and the 15 causal relationship between the injury and the sexual abuse. 16 Current law specifies such an action shall be brought within 17 four years of the time of discovery of both the injury and the 18 causal relationship between the injury and the sexual abuse. 19 The bill also specifies that a criminal information 20 or indictment for sexual abuse in the first, second, or 21 third degree committed on or with a person under the age of 22 18 shall be found within 20 years of the sexually abused 23 person attaining 18 years of age. Current law specifies the 24 indictment or information for such sexual abuse be found within 25 10 years of the sexually abused person attaining 18 years of 26 age. 27 -2- LSB 5473XS (5) 84 jm/rj 2/ 2