Senate File 259 - Introduced SENATE FILE 259 BY PETERSEN 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 1219XS (7) 90 cm/ns
S.F. 259 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 This subparagraph is repealed July 1, 2029. 9 (2) An action in which the interests of justice, as 10 determined by the supreme court, will be served by early trial. 11 b. The supreme court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 Sec. 2. Section 614.1, subsection 12, Code 2023, is amended 14 to read as follows: 15 12. Sexual abuse or sexual exploitation by a counselor, 16 therapist, school employee, or adult providing training or 17 instruction. An 18 a. If the victim was a student, an action for damages for 19 injury suffered as a result of sexual abuse, as defined in 20 section 709.1 , by a counselor, therapist, school employee, or 21 adult providing training or instruction, as defined in section 22 709.15 , or as a result of sexual exploitation by a counselor, 23 therapist, school employee, or adult providing training or 24 instruction shall be brought within five years of the date 25 the victim was last treated by the counselor or therapist, or 26 within five years of the date the victim was last enrolled in 27 or attended the school may be brought at any time . 28 b. (1) Notwithstanding paragraph “a” , every claim or 29 cause 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 32 a result of conduct which would constitute sexual abuse, 33 as defined in section 709.1, by a counselor, therapist, 34 school employee, or adult providing training or instruction, 35 -1- LSB 1219XS (7) 90 cm/ns 1/ 5
S.F. 259 as defined in section 709.15, or as a result of sexual 1 exploitation by a counselor, therapist, school employee, or 2 adult providing training or instruction, which is barred as of 3 the effective date of this Act because the applicable period of 4 limitation has expired or the plaintiff previously failed to 5 file a petition, is hereby revived, and action thereon may be 6 commenced not later than three years after the effective date 7 of this Act. 8 (2) Dismissal of a previous action, ordered before the 9 effective date of this Act, on grounds that such previous 10 action was time-barred, or for failure of a party to file a 11 petition, shall not be grounds for dismissal of a revival 12 action pursuant to this paragraph. 13 (3) This paragraph is repealed July 1, 2029. 14 Sec. 3. Section 614.8, Code 2023, is amended to read as 15 follows: 16 614.8 Minors and persons with mental illness. 17 1. The Except as provided in section 614.1, subsection 12, 18 or section 614.8A, times limited for actions in this chapter , 19 or for complaints or claims in chapter 216 , 669 , or 670 , except 20 those brought for penalties and forfeitures, are extended in 21 favor of persons with mental illness, so that they shall have 22 one year from and after the termination of the disability 23 within which to file a complaint pursuant to chapter 216 , to 24 make a claim pursuant to chapter 669 or 670 , or to otherwise 25 commence an action. 26 2. Except as provided in section 614.1, subsection 9 or 27 12, or section 614.8A , the times limited for actions in this 28 chapter , or for complaints or claims in chapter 216 , 659A , 669 , 29 or 670 , except those brought for penalties and forfeitures, are 30 extended in favor of minors, so that they shall have one year 31 from and after attainment of majority within which to file a 32 complaint pursuant to chapter 216 , to make a claim pursuant to 33 chapter 659A, 669 , or 670, or to otherwise commence an action. 34 Sec. 4. Section 614.8A, Code 2023, is amended by striking 35 -2- LSB 1219XS (7) 90 cm/ns 2/ 5
S.F. 259 the section and inserting in lieu thereof the following: 1 614.8A Commencement of action for minor or child sexual abuse 2 and other sexual offenses —— no time limitation. 3 1. Notwithstanding the times limited for actions in this 4 chapter, an action relating to injuries suffered as a result of 5 sexual abuse as defined in section 709.1, and injuries suffered 6 as a result of other sexual offenses including but not limited 7 to lascivious acts with a child in violation of section 709.8, 8 assault with intent to commit sexual abuse in violation of 9 section 709.11, indecent contact with a child in violation of 10 section 709.12, lascivious conduct with a minor in violation of 11 section 709.14, sexual misconduct with a juvenile in violation 12 of section 709.16, subsection 2, child endangerment in 13 violation of section 726.6, or sexual exploitation of a minor 14 in violation of section 728.12, which occurred when the injured 15 party was a minor may be brought at any time. 16 2. a. Notwithstanding subsection 1, every claim or cause 17 of action brought against any party alleging intentional 18 or negligent acts or omissions by a person for physical, 19 psychological, or other injury or condition suffered as a 20 result of conduct described in subsection 1, which is barred as 21 of the effective date of this Act because the applicable period 22 of limitation has expired or the plaintiff previously failed to 23 file a petition, is hereby revived, and action thereon may be 24 commenced not later than three years after the effective date 25 of this Act. 26 b. Dismissal of a previous action, ordered before the 27 effective date of this Act, on grounds that such previous 28 action was time-barred, or of failure of a party to file a 29 petition, shall not be grounds for dismissal of a revival 30 action pursuant to this section. 31 c. This subsection is repealed July 1, 2029. 32 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 33 importance, takes effect upon enactment. 34 EXPLANATION 35 -3- LSB 1219XS (7) 90 cm/ns 3/ 5
S.F. 259 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill modifies the periods of time to bring civil actions 3 relating to young persons and persons with mental illness and 4 entitles certain cases to a preference in trial order. 5 Under current Code section 614.1(12), a civil action for 6 damages for injury suffered as result of sexual abuse or sexual 7 exploitation by a counselor, therapist, school employee, or 8 adult providing training or instruction can only be brought 9 within five years after the date that the victim was either 10 last treated by the counselor or therapist or last enrolled 11 in or attended the school. The bill amends this provision by 12 removing the age limit to include any student and allowing a 13 victim to bring an action for damages at any time. 14 Under current Code section 614.8, the applicable limitations 15 period in which to bring certain civil actions is extended 16 for persons with mental illness and minors. The bill amends 17 Code section 614.8 to exclude the provisions with no time 18 limitation under the bill and to specify that the extension 19 of the limitations period for persons with mental illness 20 and for minors applies to claims brought pursuant to Code 21 chapters 659A, 669, and 670, which are already mentioned at the 22 beginning of the applicable provisions. 23 Under Code section 614.8A, the bill extends the time for 24 filing a civil action relating to sexual abuse which occurred 25 when the injured person was a minor from one year after the 26 attainment of majority or within four years from the time 27 of discovery of both the injury and the causal relationship 28 between the injury and the sexual abuse to any time. The bill 29 also provides for the filing of civil actions for injuries 30 incurred from other sexual offenses. 31 The bill provides that claims related to offenses under the 32 bill that arise prior to the effective date of the bill must 33 be brought not later than three years after the effective date 34 of the bill. If an action was previously dismissed before 35 -4- LSB 1219XS (7) 90 cm/ns 4/ 5
S.F. 259 the effective date of the bill on the grounds that it was 1 time-barred or because the party failed to file a petition, the 2 party shall have a right to file a revival action. 3 The bill provides that the district court shall try civil 4 cases in the order in which cases are initiated by the filing 5 of a petition, but entitles cases to preference if the cases 6 have been revived pursuant to Code section 614.1(12)(b) or Code 7 section 615.8A(2) or actions in which the interests of justice, 8 as determined by the supreme court, will be served by early 9 trial. 10 The bill takes effect upon enactment. 11 -5- LSB 1219XS (7) 90 cm/ns 5/ 5