Senate File 158 - Introduced SENATE FILE 158 BY SALMON and WESTRICH 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, entitling certain cases to a 3 preference in trial order, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1280XS (5) 90 cm/ns
S.F. 158 Section 1. Section 602.1205, Code 2023, 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. This subparagraph is repealed July 1, 2029. 9 (2) An action in which the interests of justice, as 10 determined by the supreme court, will be served by early trial. 11 b. The supreme court shall prescribe rules to implement this 12 subsection. 13 c. Unless the court otherwise orders, notice of a motion 14 for preference shall be served with the petition by the party 15 serving the petition, or ten days after such service by any 16 other party. 17 Sec. 2. Section 614.1, subsection 12, Code 2023, is amended 18 to read as follows: 19 12. Sexual abuse or sexual exploitation by a counselor, 20 therapist, school employee, or adult providing training or 21 instruction. An 22 a. (1) If the victim was eighteen years of age or older, 23 an action for damages for injury suffered as a result of 24 sexual abuse, as defined in section 709.1 , by a counselor, 25 therapist, school employee, or adult providing training or 26 instruction, as defined in section 709.15 , or as a result of 27 sexual exploitation by a counselor, therapist, school employee, 28 or adult providing training or instruction shall be brought 29 within five years of the date the victim was last treated by 30 the counselor or therapist, or within five years of the date 31 the victim was last enrolled in or attended the school. 32 (2) If the victim was a minor, an action for damages for 33 injury suffered as a result of sexual abuse, as defined in 34 section 709.1, by a counselor, therapist, school employee, or 35 -1- LSB 1280XS (5) 90 cm/ns 1/ 5
S.F. 158 adult providing training or instruction, as defined in section 1 709.15, or as a result of sexual exploitation by a counselor, 2 therapist, school employee, or adult providing training or 3 instruction may be brought at any time. 4 b. (1) Notwithstanding paragraph “a” , subparagraph (2), 5 every claim or cause of action brought against any party 6 alleging intentional or negligent acts or omissions by a person 7 for physical, psychological, or other injury or condition 8 suffered as a result of conduct which would constitute sexual 9 abuse, as defined in section 709.1, by a counselor, therapist, 10 school employee, or adult providing training or instruction, 11 as defined in section 709.15, or as a result of sexual 12 exploitation by a counselor, therapist, school employee, or 13 adult providing training or instruction, which is barred as of 14 the effective date of this Act because the applicable period of 15 limitation has expired or the plaintiff previously failed to 16 file a petition, is hereby revived, and action thereon may be 17 commenced not later than three years after the effective date 18 of this Act. 19 (2) Dismissal of a previous action, ordered before the 20 effective date of this Act, on grounds that such previous 21 action was time-barred, or for failure of a party to file a 22 petition, shall not be grounds for dismissal of a revival 23 action pursuant to this paragraph. 24 (3) This paragraph is repealed July 1, 2029. 25 Sec. 3. Section 614.8, Code 2023, is amended to read as 26 follows: 27 614.8 Minors and persons with mental illness. 28 1. The Except as provided in section 614.1, subsection 12, 29 or section 614.8A, times limited for actions in this chapter , 30 or for complaints or claims in chapter 216 , 669 , or 670 , except 31 those brought for penalties and forfeitures, are extended in 32 favor of persons with mental illness, so that they shall have 33 one year from and after the termination of the disability 34 within which to file a complaint pursuant to chapter 216 , to 35 -2- LSB 1280XS (5) 90 cm/ns 2/ 5
S.F. 158 make a claim pursuant to chapter 669 or 670 , or to otherwise 1 commence an action. 2 2. Except as provided in section 614.1, subsection 9 or 3 12, or section 614.8A , the times limited for actions in this 4 chapter , or for complaints or claims in chapter 216 , 659A , 669 , 5 or 670 , except those brought for penalties and forfeitures, are 6 extended in favor of minors, so that they shall have one year 7 from and after attainment of majority within which to file a 8 complaint pursuant to chapter 216 , to make a claim pursuant to 9 chapter 659A, 669 , or 670, or to otherwise commence an action. 10 Sec. 4. Section 614.8A, Code 2023, is amended by striking 11 the section and inserting in lieu thereof the following: 12 614.8A Commencement of action for minor or child sexual abuse 13 and other sexual offenses —— no time limitation. 14 1. Notwithstanding the times limited for actions in this 15 chapter, an action relating to injuries suffered as a result of 16 sexual abuse as defined in section 709.1, and injuries suffered 17 as a result of other sexual offenses including but not limited 18 to lascivious acts with a child in violation of section 709.8, 19 assault with intent to commit sexual abuse in violation of 20 section 709.11, indecent contact with a child in violation of 21 section 709.12, lascivious conduct with a minor in violation of 22 section 709.14, sexual misconduct with a juvenile in violation 23 of section 709.16, subsection 2, child endangerment in 24 violation of section 726.6, or sexual exploitation of a minor 25 in violation of section 728.12, which occurred when the injured 26 party was a minor may be brought at any time. 27 2. a. Notwithstanding subsection 1, every claim or cause 28 of action brought against any party alleging intentional 29 or negligent acts or omissions by a person for physical, 30 psychological, or other injury or condition suffered as a 31 result of conduct described in subsection 1, which is barred as 32 of the effective date of this Act because the applicable period 33 of limitation has expired or the plaintiff previously failed to 34 file a petition, is hereby revived, and action thereon may be 35 -3- LSB 1280XS (5) 90 cm/ns 3/ 5
S.F. 158 commenced not later than three years after the effective date 1 of this Act. 2 b. Dismissal of a previous action, ordered before the 3 effective date of this Act, on grounds that such previous 4 action was time-barred, or of failure of a party to file a 5 petition, shall not be grounds for dismissal of a revival 6 action pursuant to this section. 7 c. This subsection is repealed July 1, 2029. 8 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 9 importance, takes effect upon enactment. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill modifies the periods of time to bring civil actions 14 relating to young persons and persons with mental illness and 15 entitles certain cases to a preference in trial order. 16 Under current Code section 614.1(12), a civil action for 17 damages for injury suffered as result of sexual abuse or sexual 18 exploitation by a counselor, therapist, school employee, or 19 adult providing training or instruction can only be brought 20 within five years after the date that the victim was either 21 last treated by the counselor or therapist or last enrolled 22 in or attended the school. The bill amends this provision by 23 making a distinction between victims that are minors at the 24 time of abuse and victims that are 18 years of age or older at 25 the time of abuse. The bill does not change the statute of 26 limitations for victims that are 18 years of age or older at 27 the time of abuse. For victims who are minors at the time of 28 abuse, the action may be brought at any time. 29 Under current Code section 614.8, the applicable limitations 30 period in which to bring certain civil actions is extended 31 for persons with mental illness and minors. The bill amends 32 Code section 614.8 to exclude the provisions with no time 33 limitation under the bill and to specify that the extension 34 of the limitations period for persons with mental illness 35 -4- LSB 1280XS (5) 90 cm/ns 4/ 5
S.F. 158 and for minors applies to claims brought pursuant to Code 1 chapters 659A, 669, and 670, which are already mentioned at the 2 beginning of the applicable provisions. 3 Under Code section 614.8A, the bill extends the time for 4 filing a civil action relating to sexual abuse which occurred 5 when the injured person was a minor from one year after the 6 attainment of majority or within four years from the time 7 of discovery of both the injury and the causal relationship 8 between the injury and the sexual abuse to any time. The bill 9 also provides for the filing of civil actions for injuries 10 incurred from other sexual offenses. 11 The bill provides that claims related to offenses under the 12 bill that arise prior to the effective date of the bill must 13 be brought not later than three years after the effective date 14 of the bill. If an action was previously dismissed before 15 the effective date of the bill on the grounds that it was 16 time-barred or because the party failed to file a petition, the 17 party shall have a right to file a revival action. 18 The bill provides that the district court shall try civil 19 cases in the order in which cases are initiated by the filing 20 of a petition, but entitles cases to preference if the cases 21 have been revived pursuant to Code section 614.1(12)(b) or 22 Code section 615.8A(2) or actions in which the interests of 23 justice, as determined by the supreme court, will be served by 24 early trial. If a party intends to invoke this preference, the 25 party must serve the notice of a motion for preference with 26 the petition. Such notice must be served 10 days after such 27 service by any other party. 28 The bill takes effect upon enactment. 29 -5- LSB 1280XS (5) 90 cm/ns 5/ 5