Senate Study Bill 3197 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON KRAAYENBRINK) 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 6381XC (2) 90 cm/jh
S.F. _____ 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 614.8A, if an individual 4 entitled to commence any of the actions enumerated in chapter 5 614 was a child at the time the right accrued, an action 6 for injury may be commenced by or on behalf of the injured 7 individual at any time, notwithstanding any then applicable 8 statute of limitation, if all of the following are true: 9 a. The injury upon which the action is based arises from a 10 sex offense enumerated in section 692A.102. 11 b. The action is barred due to the expiration of the statute 12 of limitations period described in section 614.8A. 13 c. The action is for purposes of making a claim in a 14 bankruptcy proceeding that was initiated on February 18, 2020. 15 d. The claim is against the bankruptcy estate of a 16 congressionally chartered organization. 17 2. An action brought under subsection 1 may only be 18 commenced against an entity seeking bankruptcy protection as 19 provided in subsection 1 and not against any other person or 20 entity. 21 Sec. 2. FUTURE REPEAL. This Act is repealed December 31, 22 2026. 23 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 24 importance, takes effect upon enactment. 25 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 26 retroactively to injuries resulting from sex offenses that 27 occurred prior to the effective date of this Act, irrespective 28 of any statute of limitation in effect at the time the offense 29 occurred. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill creates an exception to the statute of limitations 34 for civil actions for injuries resulting from sex offenses 35 -1- LSB 6381XC (2) 90 cm/jh 1/ 2
S.F. _____ against minors, provided that the action is for purposes 1 of making a claim against the bankruptcy estate of a 2 congressionally chartered organization and the bankruptcy 3 proceedings were initiated on February 18, 2020. 4 Under current law, a civil action based on an injury as a 5 result of sexual abuse which occurred when the injured person 6 was child, but not discovered until after the injured person is 7 of the age of majority, must be brought within four years from 8 the time of discovery by the injured party of both the injury 9 and the causal relationship between the injury and the sexual 10 abuse. 11 The bill is effective upon enactment and applies 12 retroactively to injuries resulting from sex offenses that 13 occurred prior to the effective date of the bill. The bill is 14 repealed on December 31, 2026. 15 -2- LSB 6381XC (2) 90 cm/jh 2/ 2