Senate File 2134 - Introduced SENATE FILE 2134 BY PETERSEN A BILL FOR An Act modifying the periods of time to bring certain civil 1 actions, including by victims of sexual abuse, minors, and 2 persons with mental illness, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6010XS (2) 87 asf/jh

S.F. 2134 Section 1. Section 614.1, subsection 12, Code 2018, 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 2018, 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 2018, 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 6010XS (2) 87 asf/jh 1/ 3

S.F. 2134 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. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 14 immediate importance, takes effect upon enactment. 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 actions 19 relating to young persons and persons with mental illness. 20 Under current Code section 614.1(12), a civil action for 21 damages for injury suffered as result of sexual abuse, as 22 defined in Code section 709.1, or sexual exploitation, by a 23 counselor, therapist, or school employee, each as defined in 24 Code section 709.15, can only be brought within five years 25 after the date that the victim was either last treated by the 26 counselor or therapist or last enrolled in or attended the 27 school. The bill amends the current law to provide that a 28 victim may bring such an action within 10 years of the date 29 that the victim was either last treated by the counselor or 30 therapist or last enrolled in or attended the school. 31 Under current Code section 614.8, the applicable limitations 32 period in which to bring certain civil actions is extended for 33 persons with mental illness and minors. Under current Code 34 section 670.2, a municipality is subject to liability for the 35 -2- LSB 6010XS (2) 87 asf/jh 2/ 3

S.F. 2134 municipality’s torts and those of the municipality’s officers 1 and employees, acting within the scope of such officers’ 2 and employees’ employment or duties. Under current Code 3 section 670.5, an action for damages for an injury against a 4 municipality cannot be brought after two years of the alleged 5 injury, except as provided in Code section 614.8. 6 The bill amends Code section 614.8 to specify that the 7 extension of the limitations period for persons with mental 8 illness and for minors applies to claims brought pursuant to 9 Code chapter 670, which chapter is already referenced at the 10 beginning of the sentences extending the limitations period. 11 The amendment to Code section 614.8A in the bill extends 12 the time for filing a civil action relating to sexual abuse 13 which occurred when the injured person was a minor from one 14 year after the attainment of majority to 25 years after the 15 attainment of majority. 16 The amendment to Code section 614.8A in the bill also 17 provides that a civil action for damages relating to sexual 18 abuse which occurred when the injured party was a child shall 19 be brought within 25 years from the time of the discovery of 20 both the injury and the causal relationship between the injury 21 and the sexual abuse. Current law specifies such an action 22 shall be brought within four years from the time of discovery 23 of both the injury and the causal relationship between the 24 injury and the sexual abuse. 25 The bill takes effect upon enactment. 26 -3- LSB 6010XS (2) 87 asf/jh 3/ 3