SF 524 (LSB 2514SV (1) 90)

SENATE FILE 524

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1194)

A BILL FOR

An Act relating to the statute of limitations in a civil action involving certain sexual offenses against a minor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 614.1, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  11A.  Sexual offenses —— minors.  An action for damages for injury suffered as a result of sexual abuse in the first degree as described in section 709.2, sexual abuse in the second degree as described in section 709.3, sexual abuse in the third degree as described in section 709.4, lascivious acts with a child as described in section 709.8, or assault with intent to commit sexual abuse as described in section 709.11, committed on or with a person who was under the age of eighteen years at the time of the offense may be commenced at any time after the conviction for the offense.
    Sec. 2.  Section 614.8, subsection 2, Code 2023, is amended to read as follows:
   2.  Except as provided in section 614.1, subsection subsections 9 and 11A, the times limited for actions in this chapter, or chapter 216, 659A, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 659A, 669, or 670, or to otherwise commence an action.
    Sec. 3.  Section 614.8A, Code 2023, is amended to read as follows:
   614.8A  Damages for child sexual abuse —— time limitation.
   An Except as provided in section 614.1, subsection 11A, an action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the statute of limitations in a civil action involving certain sexual offenses against a minor.
   The bill provides that a civil action for damages for sexual abuse in the first, second, or third degree, lascivious acts with a child, or assault with intent to commit sexual abuse, committed on or with a person who was under the age of 18 years at the time of the offense may be commenced at any time after the conviction for the offense.
   The bill makes corresponding changes to provisions that extend time limitations for actions involving minors.