Senate Study Bill 3032 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the statute of limitations period for 1 criminal and civil actions for sexual abuse in the first, 2 second, or third degree. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5393XC (4) 88 hf/rh

S.F. _____ Section 1. Section 614.1, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 11A. Sexual abuse. An action for damages 3 for injury suffered as a result of sexual abuse in the first 4 degree as defined in section 709.2, sexual abuse in the second 5 degree as defined in section 709.3, or sexual abuse in the 6 third degree as defined in section 709.4 may be commenced at 7 any time after the commission of the offense. 8 Sec. 2. Section 614.8A, Code 2020, is amended to read as 9 follows: 10 614.8A Damages for child sexual abuse —— time limitation. 11 1. An action for damages for injury suffered as a result of 12 sexual abuse , except for sexual abuse in the first degree as 13 defined in section 709.2, sexual abuse in the second degree as 14 defined in section 709.3, or sexual abuse in the third degree 15 as defined in section 709.4, which occurred when the injured 16 person was a child, but not discovered until after the injured 17 person is of the age of majority, shall be brought within four 18 years from the time of discovery by the injured party of both 19 the injury and the causal relationship between the injury and 20 the sexual abuse. 21 2. An action for damages for injury suffered as a result of 22 sexual abuse in the first degree as defined in section 709.2, 23 sexual abuse in the second degree as defined in section 709.3, 24 or sexual abuse in the third degree as defined in section 25 709.4 may be commenced at any time after the commission of the 26 offense. 27 Sec. 3. Section 802.2, Code 2020, is amended to read as 28 follows: 29 802.2 Sexual abuse —— first, second, or third degree. 30 1. An information or indictment for sexual abuse in the 31 first, second, or third degree committed on or with a person 32 who is under the age of eighteen years shall be found within 33 fifteen years after the person upon whom the offense is 34 committed attains eighteen years of age, or if the person 35 -1- LSB 5393XC (4) 88 hf/rh 1/ 3

S.F. _____ against whom the information or indictment is sought is 1 identified through the use of a DNA profile, an information or 2 indictment shall be found within three years from the date the 3 person is identified by the person’s DNA profile, whichever is 4 later may be commenced at any time after the commission of the 5 offense . 6 2. An information or indictment for any other sexual abuse 7 in the first, second, or third degree shall be found within ten 8 years after its commission, or if the person against whom the 9 information or indictment is sought is identified through the 10 use of a DNA profile, an information or indictment shall be 11 found within three years from the date the person is identified 12 by the person’s DNA profile, whichever is later. 13 3. As used in this section , “identified” means a person’s 14 legal name is known and the person has been determined to be 15 the source of the DNA. 16 Sec. 4. Section 802.10, subsection 1, paragraph b, Code 17 2020, is amended to read as follows: 18 b. “Identified” means the same as defined in section 802.2 a 19 person’s legal name is known and the person has been determined 20 to be the source of the DNA . 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the statute of limitations period for 25 criminal and civil actions for sexual abuse in the first, 26 second, or third degree. Under current law, an injured person 27 may bring a civil action for damages for injury suffered as 28 a result of sexual abuse within two years and a civil action 29 for damages for injury suffered as a result of sexual abuse 30 which occurred when the injured person was a child, but not 31 discovered until after the injured person is of the age of 32 majority (18), shall be brought within four years from the 33 time of discovery by the injured party of both the injury and 34 the causal relationship between the injury and the sexual 35 -2- LSB 5393XC (4) 88 hf/rh 2/ 3

S.F. _____ abuse. An information or indictment for a sexual abuse offense 1 committed on or with a person who is under 18 years of age 2 shall be found within 15 years after the person upon whom 3 the offense is committed attains 18 years of age, or if the 4 person against whom the information or indictment is sought is 5 identified through the use of a DNA profile, an information or 6 indictment shall be found within three years from the date the 7 person is identified by the person’s DNA profile, whichever is 8 later. For other sexual abuse offenses committed upon a person 9 18 years of age or older, the information or indictment shall 10 be found within 10 years after the commission of the offense, 11 or if the person against whom the information or indictment 12 is sought is identified through the use of a DNA profile, an 13 information or indictment shall be found within three years 14 from the date the person is identified by the person’s DNA 15 profile, whichever is later. 16 The bill allows an information or indictment in a criminal 17 case, or a civil action for damages, for sexual abuse in the 18 first, second, or third degree, to commence at any time after 19 the commission of the offense. Civil actions for sexual abuse 20 offenses, other than sexual abuse in the first, second, or 21 third degree, which occurred when the injured person was a 22 child, but not discovered until after the injured person is 23 the age of majority, shall be brought within four years from 24 the time of discovery by the injured party of both the injury 25 and the causal relationship between the injury and the sexual 26 abuse. 27 The bill makes a conforming Code change to Code section 28 802.10 (DNA profile of accused). 29 -3- LSB 5393XC (4) 88 hf/rh 3/ 3