Senate File 2431 - Introduced SENATE FILE 2431 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3197) A BILL FOR An Act relating to the periods of time to bring civil actions 1 for injuries that result from sex offenses against minors 2 for the purpose of filing claims against the bankruptcy 3 estate of a congressionally chartered organization, and 4 including effective date and retroactive applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 6381SV (2) 90 cm/jh

S.F. 2431 Section 1. CHILD SEXUAL ABUSE CIVIL ACTIONS AGAINST A 1 BANKRUPTCY ESTATE OF A CONGRESSIONALLY CHARTERED ORGANIZATION 2 —— EXCEPTION TO TIME LIMITATION. 3 1. Notwithstanding section 614.8, subsection 2, and section 4 614.8A, if an individual entitled to commence any of the 5 actions enumerated in chapter 614 was a child at the time the 6 right accrued, an action for injury may be commenced by or on 7 behalf of the injured individual at any time, notwithstanding 8 any then applicable statute of limitation, if all of the 9 following are true: 10 a. The injury upon which the action is based arises from 11 a sex offense enumerated in section 692A.102, regardless of 12 whether a criminal complaint was filed or a criminal conviction 13 was obtained. 14 b. The action is barred due to the expiration of the statute 15 of limitations period described in section 614.8, subsection 16 2, and section 614.8A. 17 c. The action is for purposes of making a claim in a 18 bankruptcy proceeding that was initiated on February 18, 2020. 19 d. The claim is against the bankruptcy estate of a 20 congressionally chartered organization. 21 2. An action brought under subsection 1 may only be 22 commenced against an entity seeking bankruptcy protection as 23 provided in subsection 1 and not against any other person or 24 entity. 25 3. For purposes of this section, “child” means any person 26 under the age of eighteen years. 27 Sec. 2. FUTURE REPEAL. This Act is repealed December 31, 28 2026. 29 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 30 importance, takes effect upon enactment. 31 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 32 retroactively to injuries resulting from sex offenses that 33 occurred prior to the effective date of this Act, irrespective 34 of any statute of limitation in effect at the time the offense 35 -1- LSB 6381SV (2) 90 cm/jh 1/ 2

S.F. 2431 occurred. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill creates an exception to the statute of limitations 5 for civil actions for injuries resulting from sex offenses 6 against children, provided that the action is for purposes 7 of making a claim against the bankruptcy estate of a 8 congressionally chartered organization and the bankruptcy 9 proceedings were initiated on February 18, 2020. The bill 10 defines the term “child” to mean a person under the age of 18 11 years. 12 Under current law, a civil action based on an injury as a 13 result of sexual abuse which occurred when the injured person 14 was child, but not discovered until after the injured person is 15 of the age of majority, must be brought within four years from 16 the time of discovery by the injured party of both the injury 17 and the causal relationship between the injury and the sexual 18 abuse. Current law also provides that the time limitations 19 for civil actions limited by Code chapters 216 (the Iowa civil 20 rights Act of 1965), 256A (unauthorized disclosure of intimate 21 images), 614 (limitations of actions), 669 (state tort claims), 22 or 670 (tort liability of governmental subdivisions) are 23 extended in favor of minors by a year after the minor obtains 24 the age of majority to file a claim or commence an action. 25 The bill is effective upon enactment and applies 26 retroactively to injuries resulting from sex offenses that 27 occurred prior to the effective date of the bill. The bill is 28 repealed on December 31, 2026. 29 -2- LSB 6381SV (2) 90 cm/jh 2/ 2