S.F. 2037 Section 1. Section 602.1205, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. The district court shall try civil 3 cases in the order in which cases are initiated by the filing 4 of a petition, provided that the following cases shall be 5 entitled to a preference: 6 (1) Actions that have been revived pursuant to section 7 614.1, subsection 12, paragraph “b” , or section 614.8A, 8 subsection 2. 9 (2) An action in which the interests of justice, as 10 determined by the supreme court, will be served by early trial. 11 b. The court shall adopt rules to implement this subsection. 12 c. Unless the court otherwise orders, notice of a motion 13 for preference shall be served with the petition by the party 14 serving the petition, or ten days after such service by any 15 other party. 16 Sec. 2. Section 614.1, subsection 12, Code 2020, is amended 17 to read as follows: 18 12. Sexual abuse or sexual exploitation by a counselor, 19 therapist, or school employee. 20 a. (1) An If the victim was eighteen years of age or older, 21 an action for damages for injury suffered as a result of sexual 22 abuse, as defined in section 709.1 , by a counselor, therapist, 23 or school employee, as defined in section 709.15 , or as a 24 result of sexual exploitation by a counselor, therapist, or 25 school employee shall be brought within five years of the date 26 the victim was last treated by the counselor or therapist, or 27 within five years of the date the victim was last enrolled in 28 or attended the school. 29 (2) If the victim was a minor, an action for damages for 30 injury suffered as a result of sexual abuse, as defined in 31 section 709.1, by a counselor, therapist, or school employee, 32 as defined in section 709.15, or as a result of sexual 33 exploitation by a counselor, therapist, or school employee may 34 be brought at any time. 35 -1- LSB 5173XS (4) 88 as/jh 1/ 6

S.F. 2037 b. (1) Notwithstanding paragraph “a” , subparagraph (2), 1 every claim or cause of action brought against any party 2 alleging intentional or negligent acts or omissions by a person 3 for physical, psychological, or other injury or condition 4 suffered as a result of conduct which would constitute sexual 5 abuse as defined in section 709.1, by a counselor, therapist, 6 or school employee as defined in section 709.15, or as a 7 result of sexual exploitation by a counselor, therapist, or 8 school, which is barred as of the effective date of this Act 9 because the applicable period of limitation has expired or 10 the plaintiff previously failed to file a petition, is hereby 11 revived, and action thereon may be commenced not earlier than 12 six months after, and not later than two years and six months 13 after, the effective date of this Act. 14 (2) Dismissal of a previous action, ordered before the 15 effective date of this Act, on grounds that such previous 16 action was time-barred, or of failure of a party to file a 17 petition, shall not be grounds for dismissal of a revival 18 action pursuant to this paragraph. 19 Sec. 3. Section 614.8, Code 2020, is amended to read as 20 follows: 21 614.8 Minors and persons with mental illness. 22 1. The Except as provided in section 614.1, subsection 23 12, or section 614.8A, the times limited for actions in this 24 chapter , or for complaints or claims in chapter 216 , 669 , or 25 670 , except those brought for penalties and forfeitures, are 26 extended in favor of persons with mental illness, so that they 27 shall have one year from and after the termination of the 28 disability within which to file a complaint pursuant to chapter 29 216 , to make a claim pursuant to chapter 669 or 670 , or to 30 otherwise commence an action. 31 2. Except as provided in section 614.1, subsection 9 or 32 12, or section 614.8A , the times limited for actions in this 33 chapter , or for complaints or claims in chapter 216 , 669 , or 34 670 , except those brought for penalties and forfeitures, are 35 -2- LSB 5173XS (4) 88 as/jh 2/ 6

S.F. 2037 extended in favor of minors, so that they shall have one year 1 from and after attainment of majority within which to file a 2 complaint pursuant to chapter 216 , to make a claim pursuant to 3 chapter 669 , or to otherwise commence an action. 4 Sec. 4. Section 614.8A, Code 2020, is amended to read as 5 follows: 6 614.8A Damages Commencement of action for minor or child 7 sexual abuse and other sexual offenses —— no time limitation. 8 An action for damages for injury suffered as a result of 9 sexual abuse which occurred when the injured person was a 10 child, but not discovered until after the injured person is of 11 the age of majority, shall be brought within four years from 12 the time of discovery by the injured party of both the injury 13 and the causal relationship between the injury and the sexual 14 abuse. 15 1. Notwithstanding the times limited for actions in this 16 chapter, an action relating to injuries suffered as a result of 17 sexual abuse as defined in section 802.2, and injuries suffered 18 as a result of other sexual offenses including lascivious acts 19 with a child in violation of section 709.8, assault with intent 20 to commit sexual abuse in violation of section 709.11, indecent 21 contact with a child in violation of section 709.12, lascivious 22 conduct with a minor in violation of section 709.14, sexual 23 misconduct with a juvenile in violation of section 709.16, 24 subsection 2, child endangerment in violation of section 726.6, 25 or sexual exploitation of a minor in violation of section 26 728.12, which occurred when the injured party was a minor may 27 be brought at any time. 28 2. a. Notwithstanding subsection 1, every claim or cause 29 of action brought against any party alleging intentional 30 or negligent acts or omissions by a person for physical, 31 psychological, or other injury or condition suffered as a 32 result of conduct which would constitute sexual abuse as 33 defined in section 709.1, by a counselor, therapist, or school 34 employee as defined in section 709.15, or as a result of sexual 35 -3- LSB 5173XS (4) 88 as/jh 3/ 6

S.F. 2037 exploitation by a counselor, therapist, or school, which 1 is barred as of the effective date of this Act because the 2 applicable period of limitation has expired or the plaintiff 3 previously failed to file a petition, is hereby revived, and 4 action thereon may be commenced not earlier than six months 5 after, and not later than two years and six months after, the 6 effective date of this Act. 7 b. Dismissal of a previous action, ordered before the 8 effective date of this Act, on grounds that such previous 9 action was time-barred, or of failure of a party to file a 10 petition, shall not be grounds for dismissal of a revival 11 action pursuant to this section. 12 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 13 immediate importance, takes effect upon enactment. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill modifies the periods of time to bring civil actions 18 relating to young persons and persons with mental illness and 19 entitles certain cases to a preference in trial order. 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 26 the counselor or therapist or last enrolled in or attended 27 the school. The bill amends the current law by making a 28 distinction between victims that are minors at the time of 29 abuse and victims that are 18 years of age or older at the time 30 of abuse. The bill does not change the statute of limitations 31 for victims that are 18 years of age or older at the time of 32 abuse. For victims that are minors at the time of abuse, the 33 bill provides that victims may bring an action at any time, but 34 that a claim that arises prior to the effective date of the 35 -4- LSB 5173XS (4) 88 as/jh 4/ 6

S.F. 2037 bill must be brought not earlier than six months after, and 1 not later than two years and six months after, the effective 2 date of the bill. If an action was previously dismissed before 3 the effective date of the bill on the grounds that it was 4 time-barred or because the party failed to file a petition, the 5 party shall have a right to file a revival action. 6 Under current Code section 614.8, the applicable limitations 7 period in which to bring certain civil actions is extended for 8 persons with mental illness and minors. Under current Code 9 section 670.2, a municipality is subject to liability for the 10 municipality’s torts and those of the municipality’s officers 11 and employees, acting within the scope of such officers’ 12 and employees’ employment or duties. Under current Code 13 section 670.5, an action for damages for an injury against a 14 municipality cannot be brought after two years of the alleged 15 injury, except as provided in Code section 614.8. 16 The bill amends Code section 614.8 to specify that the 17 extension of the limitations period for persons with mental 18 illness and for minors applies to claims brought pursuant to 19 Code chapter 670, which chapter is already referenced at the 20 beginning of the sentences extending the limitations period. 21 The amendment to Code section 614.8A in the bill extends 22 the time for filing a civil action relating to sexual abuse 23 which occurred when the injured person was a minor from one 24 year after the attainment of majority or within four years 25 from the time of discovery of both the injury and the causal 26 relationship between the injury and the sexual abuse to any 27 time. The amendment also provides for the filing of civil 28 actions for injuries incurred from other sexual offenses. The 29 bill provides that a claim related to such offenses that arises 30 prior to the effective date of the bill shall be brought not 31 earlier than six months after, and not later than two years and 32 six months after, the effective date of the bill. If an action 33 was previously dismissed before the effective date of the bill 34 on the grounds that it was time-barred or because the party 35 -5- LSB 5173XS (4) 88 as/jh 5/ 6

S.F. 2037 failed to file a petition, the party shall have a right to file 1 a revival action. 2 The bill provides that the district court shall try civil 3 cases in the order in which cases are initiated by the filing 4 of a petition, but entitles cases to preference if the cases 5 have been revived pursuant to Code section 614.1(12)(b) or Code 6 section 615.8A(2) or actions in which the interests of justice, 7 as determined by the supreme court, will be served by early 8 trial. The bill provides that the court shall adopt rules to 9 implement this provision of the bill. The bill provides that 10 if a party intends to invoke this preference, the party must 11 notice the motion for preference with the petition by the party 12 serving the petition or 10 days after such service by any other 13 party. 14 The bill takes effect upon enactment. 15 -6- LSB 5173XS (4) 88 as/jh 6/ 6