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repealed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