Senate File 2233 - Introduced SENATE FILE 2233 BY PETERSEN , BOULTON , BISIGNANO , DOTZLER , KNOX , CELSI , WINCKLER , GIDDENS , JOCHUM , WEINER , TRONE GARRIOTT , BENNETT , WAHLS , T. TAYLOR , DONAHUE , and QUIRMBACH A BILL FOR An Act modifying the periods of time to bring civil actions 1 by victims of sexual abuse, human trafficking, or sexual 2 exploitation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5475XS (6) 90 cm/jh

S.F. 2233 Section 1. LEGISLATIVE FINDINGS. 1 1. The general assembly finds that current laws restricting 2 the time period on bringing actions involving sexual abuse 3 limit victims’ justice. 4 2. The general assembly further finds that victims deserve 5 the space and time to bring their cases when they are mentally 6 and emotionally able. 7 3. The general assembly further finds that current laws are 8 being used to reduce agreed on damages by organizations which 9 admit abuse took place. 10 4. The general assembly further finds that Iowa will no 11 longer aid in these organizations’ attempts to silence victims, 12 delay justice, or downplay damage. 13 5. The general assembly further finds that in the boy scouts 14 of America bankruptcy case, the boy scouts of America admitted 15 to negligence and agreed that more than sixty thousand victims 16 deserved damage awards, and that current Iowa law reduces 17 victims’ settlements to thirty to forty percent of damages 18 awarded to Iowa victims. 19 6. The general assembly further finds that abolition of 20 current statute of limitation laws for child sex abuse and 21 creation of a revival window would allow victims to qualify for 22 one hundred percent of damages awarded. 23 7. The general assembly further finds that Iowa has one year 24 from the effective date of the bankruptcy trust to pass this 25 legislation, and that deadline is in April 2024. 26 8. The general assembly further finds that relief is 27 urgently needed. 28 Sec. 2. Section 614.1, Code 2024, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 11A. Sexual abuse, human trafficking, and 31 sexual exploitation of a minor. No time limitation shall apply 32 to an action brought for damages for an injury suffered as 33 a result of sexual abuse as defined in section 709.1, sexual 34 abuse in the first degree in violation of section 709.2, sexual 35 -1- LSB 5475XS (6) 90 cm/jh 1/ 5

S.F. 2233 abuse in the second degree in violation of section 709.3, 1 sexual abuse in the third degree in violation of section 709.4, 2 sexual exploitation by a counselor, therapist, school employee, 3 or adult providing training or instruction in violation of 4 section 709.15, human trafficking in violation of section 5 710A.2, and sexual exploitation of a minor in violation of 6 section 728.12. This subsection shall apply regardless of the 7 theory of liability in the civil action, including against 8 civil defendants who were not liable in the related criminal 9 action, if any. 10 Sec. 3. Section 614.1, subsection 12, Code 2024, is amended 11 to read as follows: 12 12. Sexual abuse or sexual exploitation by a counselor, 13 therapist, school employee, or adult providing training or 14 instruction. An action for damages for injury suffered as 15 a result of sexual abuse, as defined in section 709.1 , by a 16 counselor, therapist, school employee, or adult providing 17 training or instruction, as defined in section 709.15 , or as a 18 result of sexual exploitation by a counselor, therapist, school 19 employee, or adult providing training or instruction as defined 20 in section 709.15, shall be brought within five years of the 21 date the victim was last treated by the counselor or therapist, 22 or within five years of the date the victim was last enrolled 23 in or attended the school. 24 Sec. 4. Section 669.13, subsection 1, Code 2024, is amended 25 to read as follows: 26 1. Except as provided in section 614.1, subsections 11A 27 and 12, and section 614.8, a claim or suit otherwise permitted 28 under this chapter shall be forever barred, unless within two 29 years after the claim accrued, the claim is made in writing and 30 filed with the director of the department of management under 31 this chapter . The time to begin a suit under this chapter 32 shall be extended for a period of six months from the date 33 of mailing of notice to the claimant by the attorney general 34 as to the final disposition of the claim or from the date of 35 -2- LSB 5475XS (6) 90 cm/jh 2/ 5

S.F. 2233 withdrawal of the claim under section 669.5 , if the time to 1 begin suit would otherwise expire before the end of the period. 2 Sec. 5. Section 670.5, unnumbered paragraph 1, Code 2024, 3 is amended to read as follows: 4 Except as provided in section 614.1, subsections 11A 5 and 12, and section 614.8, a person who claims damages from 6 any municipality or any officer, employee or agent of a 7 municipality for or on account of any wrongful death, loss, or 8 injury within the scope of section 670.2 or section 670.8 or 9 under common law shall commence an action therefor within two 10 years after the alleged wrongful death, loss, or injury. 11 Sec. 6. REPEAL. Section 614.8A, Code 2024, is repealed. 12 Sec. 7. REVIVAL. 13 1. Every claim or cause of action brought against any party 14 alleging intentional or negligent acts or omissions by a person 15 for physical, psychological, or other injury or condition 16 suffered as a result of conduct which would constitute sexual 17 abuse as defined in section 709.1, which is barred as of the 18 effective date of this Act because the applicable period of 19 limitation has expired or the plaintiff previously failed to 20 file a petition, is hereby revived. 21 2. Dismissal of such a previous action, ordered before the 22 effective date of this Act, on grounds that the action was 23 time-barred, or for failure of a party to file a petition, 24 shall not be grounds for dismissal of a revival action pursuant 25 to this section. 26 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate 27 importance, takes effect upon enactment. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill provides that there is no time limitation to bring 32 civil actions relating to sexual abuse, human trafficking, or 33 exploitation of a minor regardless of the theory of liability 34 in the action. 35 -3- LSB 5475XS (6) 90 cm/jh 3/ 5

S.F. 2233 The bill provides findings, including that current laws 1 restricting the time period on bringing actions involving 2 sexual abuse limit victims’ justice and that victims deserve 3 the space and time to bring their cases when they are mentally 4 and emotionally able; that Iowa’s laws are being used to reduce 5 agreed on damages by organizations which admit abuse took 6 place and that Iowa will no longer aid in these organizations’ 7 attempts to silence victims, delay justice, or downplay damage; 8 that the boy scouts of America bankruptcy case is an example of 9 how current laws are limiting victims’ rights; that abolition 10 of current statute of limitation laws for child sex abuse and 11 creation of a revival window would allow victims to qualify 12 for 100 percent of damages awarded; and that Iowa has one year 13 from the effective date of the bankruptcy trust to pass this 14 legislation, that deadline is in April 2024, and that relief 15 is urgently needed. 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 in 22 or attended the school. Current Code section 614.8A provides a 23 four-year limitation for civil actions of sexual abuse against 24 a child not discovered until after the injured person is of the 25 age of majority. These provisions are stricken or repealed to 26 the extent they are duplicative or inconsistent with the bill. 27 If an action was previously dismissed before the effective date 28 of the bill on the grounds that it was time-barred or because 29 the party failed to file a petition, the bill provides the 30 party the right to file a revival action. 31 The bill also provides that state tort claims and 32 tort liability of governmental subdivisions statutes of 33 limitations do not apply to sexual abuse, human trafficking, or 34 exploitation of a minor actions. 35 -4- LSB 5475XS (6) 90 cm/jh 4/ 5