SSB 3197 (LSB 6381XC (2) 90)

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 for injuries that result from sex offenses against minors for the purpose of filing claims against the bankruptcy estate of a congressionally chartered organization, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  CHILD SEXUAL ABUSE CIVIL ACTIONS AGAINST A BANKRUPTCY ESTATE OF A CONGRESSIONALLY CHARTERED ORGANIZATION —— EXCEPTION TO TIME LIMITATION.
   1.  Notwithstanding section 614.8A, if an individual entitled to commence any of the actions enumerated in chapter 614 was a child at the time the right accrued, an action for injury may be commenced by or on behalf of the injured individual at any time, notwithstanding any then applicable statute of limitation, if all of the following are true:
   a.  The injury upon which the action is based arises from a sex offense enumerated in section 692A.102.
   b.  The action is barred due to the expiration of the statute of limitations period described in section 614.8A.
   c.  The action is for purposes of making a claim in a bankruptcy proceeding that was initiated on February 18, 2020.
   d.  The claim is against the bankruptcy estate of a congressionally chartered organization.
   2.  An action brought under subsection 1 may only be commenced against an entity seeking bankruptcy protection as provided in subsection 1 and not against any other person or entity.
    Sec. 2.  FUTURE REPEAL.  This Act is repealed December 31, 2026.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 4.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to injuries resulting from sex offenses that occurred prior to the effective date of this Act, irrespective of any statute of limitation in effect at the time the offense occurred.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates an exception to the statute of limitations for civil actions for injuries resulting from sex offenses against minors, provided that the action is for purposes of making a claim against the bankruptcy estate of a congressionally chartered organization and the bankruptcy proceedings were initiated on February 18, 2020.
   Under current law, a civil action based on an injury as a result of sexual abuse which occurred when the injured person was child, but not discovered until after the injured person is of the age of majority, must 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.
   The bill is effective upon enactment and applies retroactively to injuries resulting from sex offenses that occurred prior to the effective date of the bill. The bill is repealed on December 31, 2026.