S.F. 447 Section 1. Section 614.1, subsection 12, Code 2015, is 1 amended to read as follows: 2 12. Sexual abuse or sexual exploitation by a counselor, 3 therapist, or school employee. An action for damages for 4 injury suffered as a result of sexual abuse, as defined in 5 section 709.1 , by a counselor, therapist, or school employee, 6 as defined in section 709.15 , or as a result of sexual 7 exploitation by a counselor, therapist, or school employee 8 shall be brought within five ten years of the date the victim 9 was last treated by the counselor or therapist, or within 10 five ten years of the date the victim was last enrolled in or 11 attended the school. 12 Sec. 2. Section 614.8, Code 2015, is amended to read as 13 follows: 14 614.8 Minors and persons with mental illness. 15 1. The times limited for actions in this chapter , or for 16 complaints or claims in chapter 216 , 669 , or 670 , except those 17 brought for penalties and forfeitures, are extended in favor 18 of persons with mental illness, so that they shall have one 19 year from and after the termination of the disability within 20 which to file a complaint pursuant to chapter 216 , to make a 21 claim pursuant to chapter 669 or 670 , or to otherwise commence 22 an action. 23 2. Except as provided in section 614.1, subsection 9 , or 24 section 614.8A , the times limited for actions in this chapter , 25 or for complaints or claims in chapter 216 , 669 , or 670 , except 26 those brought for penalties and forfeitures, are extended in 27 favor of minors, so that they shall have one year from and 28 after attainment of majority within which to file a complaint 29 pursuant to chapter 216 , to make a claim pursuant to chapter 30 669 , or to otherwise commence an action. 31 Sec. 3. Section 614.8A, Code 2015, is amended to read as 32 follows: 33 614.8A Damages Commencement of action for minor or child 34 sexual abuse —— time limitation. 35 -1- LSB 1469SV (3) 86 jm/rj 1/ 4

S.F. 447 1. Notwithstanding section 614.8, subsection 2, and the 1 times limited for actions in this chapter, the time to file an 2 action relating to sexual abuse which occurred when the injured 3 person was a minor is extended twenty-five years beyond the 4 minor’s attainment of eighteen years of age. 5 2. An In addition to the extension of time provided in 6 subsection 1, an action for damages for injury suffered as 7 a result of sexual abuse which occurred when the injured 8 person was a child, but not discovered until after the injured 9 person is of the age of majority, shall be brought within four 10 twenty-five years from the time of discovery by the injured 11 party of both the injury and the causal relationship between 12 the injury and the sexual abuse. 13 Sec. 4. Section 802.2, subsection 1, Code 2015, is amended 14 to read as follows: 15 1. An information or indictment for sexual abuse in the 16 first, second, or third degree committed on or with a person 17 who is under the age of eighteen years shall be found within 18 ten years after the person upon whom the offense is committed 19 attains eighteen years of age, or if the person against whom 20 the information or indictment is sought is identified through 21 the use of a DNA profile, an information or indictment shall 22 be found within three years from the date the person is 23 identified by the person’s DNA profile, whichever is later may 24 be commenced at any time after the commission of the offense . 25 Sec. 5. Section 802.10, subsection 3, Code 2015, is amended 26 to read as follows: 27 3. However, notwithstanding subsection 2 , an indictment 28 or information shall be found against a person within three 29 years from the date the person is identified by the person’s 30 DNA profile. If the action involves sexual abuse of a person 31 eighteen years of age or older or another sexual offense, the 32 indictment or information shall be found as provided in section 33 802.2 , subsection 2, or 802.2B , if the person is identified by 34 the person’s DNA profile. 35 -2- LSB 1469SV (3) 86 jm/rj 2/ 4

S.F. 447 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 1 immediate importance, takes effect upon enactment. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill modifies the periods of time to bring civil and 6 criminal actions relating to young persons and persons with 7 mental illness. 8 Under current Code section 614.1(12), a civil action for 9 damages for injury suffered as result of sexual abuse, as 10 defined in Code section 709.1, or sexual exploitation, by a 11 counselor, therapist, or school employee, each as defined in 12 Code section 709.15, can only be brought within five years 13 after the date that the victim was either last treated by the 14 counselor or therapist or last enrolled in or attended the 15 school. The bill amends the current law to provide that a 16 victim may bring such an action within 10 years of the date 17 that the victim was either last treated by the counselor or 18 therapist or last enrolled in or attended the school. 19 Under current Code section 614.8, the applicable limitations 20 period in which to bring certain civil actions is extended for 21 persons with mental illness and minors. Under current Code 22 section 670.2, a municipality is subject to liability for the 23 municipality’s torts and those of the municipality’s officers 24 and employees, acting within the scope of such officers’ 25 and employees’ employment or duties. Under current Code 26 section 670.5, an action for damages for an injury against a 27 municipality cannot be brought after two years of the alleged 28 injury, except as provided in Code section 614.8. 29 The bill amends Code section 614.8 to specify that the 30 extension of the limitations period for persons with mental 31 illness and for minors applies to claims brought pursuant to 32 Code chapter 670, which chapter is already referenced at the 33 beginning of the sentences extending the limitations period. 34 The amendment to Code section 614.8A in the bill extends 35 -3- LSB 1469SV (3) 86 jm/rj 3/ 4

S.F. 447 the time for filing a civil action relating to sexual abuse 1 which occurred when the injured person was a minor from one 2 year after the attainment of majority to 25 years after the 3 attainment of majority. 4 The amendment to Code section 614.8A in the bill also 5 provides that a civil action for damages relating to sexual 6 abuse which occurred when the injured party was a child shall 7 be brought within 25 years from the time of the discovery of 8 both the injury and the causal relationship between the injury 9 and the sexual abuse. Current law specifies such an action 10 shall be brought within four years from the time of discovery 11 of both the injury and the causal relationship between the 12 injury and the sexual abuse. 13 The amendment to Code section 802.2 in the bill provides 14 that a criminal information or indictment for sexual abuse 15 in the first, second, or third degree committed on or with 16 a person under the age of 18 may be commenced at any time 17 after the commission of the offense. Current law specifies 18 the indictment or information for such sexual abuse be found 19 within 10 years of the sexually abused person attaining 18 20 years of age or within three years after being identified by 21 DNA evidence, whichever is later. 22 The bill takes effect upon enactment. 23 -4- LSB 1469SV (3) 86 jm/rj 4/ 4