Senate Study Bill 3112 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) 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 5435XC (3) 85 jm/rj

S.F. _____ Section 1. Section 614.8, subsection 2, Code 2014, 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 2014, 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 twenty-five years beyond the 18 minor’s 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 21 a result of sexual abuse which occurred when the injured 22 person was a child, but not discovered until after the injured 23 person is of the age of majority, shall be brought within four 24 twenty-five years from the time of discovery by the injured 25 party of both the injury and the causal relationship between 26 the injury and the sexual abuse. 27 Sec. 3. Section 802.2, subsection 1, Code 2014, 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-five years after the person upon whom the offense 33 is committed attains eighteen years of age, or if the person 34 against whom the information or indictment is sought is 35 -1- LSB 5435XC (3) 85 jm/rj 1/ 2

S.F. _____ 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 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill modifies the periods of time to bring civil and 8 criminal actions relating to the sexual abuse of minors. 9 Under the bill, the time for filing a civil action relating 10 to sexual abuse which occurred when the injured person was 11 a minor is extended from one year after the attainment of 12 majority to 25 years after the attainment of majority. 13 The bill also provides that a civil action for damages 14 relating to sexual abuse which occurred when the injured party 15 was a child under 14 years of age, shall be brought within 16 25 years from the time of the discovery of both the injury 17 and the causal relationship between the injury and the sexual 18 abuse. Current law specifies such an action shall be brought 19 within four years from the time of discovery of both the injury 20 and the causal relationship between the injury and the sexual 21 abuse. 22 The bill also specifies that a criminal information 23 or indictment for sexual abuse in the first, second, or 24 third degree committed on or with a person under the age of 25 18 shall be found within 25 years of the sexually abused 26 person attaining 18 years of age. Current law specifies the 27 indictment or information for such sexual abuse be found within 28 10 years of the sexually abused person attaining 18 years of 29 age. 30 -2- LSB 5435XC (3) 85 jm/rj 2/ 2