SSB 3112 (LSB 5435XC (3) 85)

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 criminal actions relating to the sexual abuse of minors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 614.8, subsection 2, Code 2014, is amended to read as follows:
   2.  Except as provided in section 614.1, subsection 9, or section 614.8A, the times limited for actions in this chapter, or chapter 216, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669, or to otherwise commence an action.
    Sec. 2.  Section 614.8A, Code 2014, is amended to read as follows:
   614.8A  Damages Commencement of action for minor or child sexual abuse —— time limitation.
   1.  Notwithstanding section 614.8, subsection 2, and the times limited for actions in this chapter, the time to file an action relating to sexual abuse which occurred when the injured person was a minor, is extended twenty-five years beyond the minor’s attainment of eighteen years of age.
   2.  An In addition to the extension of time provided in subsection 1, an action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four twenty-five years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
    Sec. 3.  Section 802.2, subsection 1, Code 2014, is amended to read as follows:
   1.  An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten twenty-five years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill modifies the periods of time to bring civil and criminal actions relating to the sexual abuse of minors.
   Under the bill, the time for filing a civil action relating to sexual abuse which occurred when the injured person was a minor is extended from one year after the attainment of majority to 25 years after the attainment of majority. 
   The bill also provides that a civil action for damages relating to sexual abuse which occurred when the injured party was a child under 14 years of age, shall be brought within 25 years from the time of the discovery of both the injury and the causal relationship between the injury and the sexual abuse. Current law specifies such an action shall be brought within four years from the time of discovery of both the injury and the causal relationship between the injury and the sexual abuse.
   The bill also specifies that a criminal information or indictment for sexual abuse in the first, second, or third degree committed on or with a person under the age of 18 shall be found within 25 years of the sexually abused person attaining 18 years of age. Current law specifies the indictment or information for such sexual abuse be found within 10 years of the sexually abused person attaining 18 years of age.