Senate File 107 - Introduced SENATE FILE 107 BY PETERSEN 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 and including effective date and retroactive applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1469XS (5) 86 jm/rj

S.F. 107 Section 1. Section 614.8, subsection 2, Code 2015, 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 2015, 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 2015, 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 1469XS (5) 86 jm/rj 1/ 3

S.F. 107 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 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 5 immediate importance, takes effect upon enactment. 6 Sec. 5. RETROACTIVE APPLICABILITY. A civil action for 7 the alleged sexual abuse of a minor that would otherwise be 8 time-barred by any provision of law in effect prior to the 9 effective date of this Act may be commenced no later than three 10 years following the effective date of this Act. This section 11 does not apply to actions of vicarious liability or respondeat 12 superior, but does apply to other claims including negligence. 13 This section applies to actions pending or commenced on or 14 after the effective date of this Act. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill modifies the periods of time to bring civil and 19 criminal actions relating to the sexual abuse of minors. 20 Under the bill, the time for filing a civil action relating 21 to sexual abuse which occurred when the injured person was 22 a minor is extended from one year after the attainment of 23 majority to 25 years after the attainment of majority. 24 The bill also provides that a civil action for damages 25 relating to sexual abuse which occurred when the injured party 26 was a child under 14 years of age shall be brought within 25 27 years from the time of the discovery of both the injury and the 28 causal relationship between the injury and the sexual abuse. 29 Current law specifies such an action shall be brought within 30 four years from the time of discovery of both the injury and 31 the causal relationship between the injury and the sexual 32 abuse. 33 The bill also specifies that a criminal information 34 or indictment for sexual abuse in the first, second, or 35 -2- LSB 1469XS (5) 86 jm/rj 2/ 3

S.F. 107 third degree committed on or with a person under the age of 1 18 shall be found within 25 years of the sexually abused 2 person attaining 18 years of age. Current law specifies the 3 indictment or information for such sexual abuse be found within 4 10 years of the sexually abused person attaining 18 years of 5 age. 6 The bill specifies that a civil action for the alleged 7 sexual abuse of a minor that would otherwise be time-barred 8 under current law, may be commenced no later than three years 9 following the effective date of the bill. The bill specifies 10 that the provision allowing for retroactive applicability does 11 not apply to actions using the legal theories of vicarious 12 liability or respondeat superior (employer liability) but does 13 apply to other claims including negligence. The retroactive 14 applicability provision applies to actions pending or commenced 15 on or after the effective date of the bill. 16 The bill takes effect upon enactment. 17 -3- LSB 1469XS (5) 86 jm/rj 3/ 3