SF 184 (LSB 1569XS (4) 91)

SENATE FILE 184

BY  PETERSEN, DONAHUE, BISIGNANO, TRONE GARRIOTT, TOWNSEND, STAED, QUIRMBACH, WINCKLER, WEINER, BLAKE, and BENNETT

A BILL FOR

An Act modifying the periods of time to bring civil actions by victims of sexual abuse, human trafficking, or sexual exploitation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 614.1, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  11A.  Sexual abuse, human trafficking, and sexual exploitation of a minor.  No time limitation shall apply to an action brought for damages for an injury suffered as a result of sexual abuse as defined in section 709.1, sexual abuse in the first degree in violation of section 709.2, sexual abuse in the second degree in violation of section 709.3, sexual abuse in the third degree in violation of section 709.4, sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction in violation of section 709.15, human trafficking in violation of section 710A.2, and sexual exploitation of a minor in violation of section 728.12. This subsection shall apply regardless of the theory of liability in the civil action, including against civil defendants who were not liable in the related criminal action, if any.
    Sec. 2.  Section 614.1, subsection 12, Code 2025, is amended to read as follows:
   12.  Sexual abuse or sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction.  An action for damages for injury suffered as a result of sexual abuse, as defined in section 709.1, by a counselor, therapist, school employee, or adult providing training or instruction, as defined in section 709.15, or as a result of sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction as defined in section 709.15, shall be brought within five years of the date the victim was last treated by the counselor or therapist, or within five years of the date the victim was last enrolled in or attended the school.
    Sec. 3.  Section 669.13, subsection 1, Code 2025, is amended to read as follows:
   1.  Except as provided in section 614.1, subsections 11A and 12, and section 614.8, a claim or suit otherwise permitted under this chapter shall be forever barred, unless within two years after the claim accrued, the claim is made in writing and filed with the director of the department of management under this chapter. The time to begin a suit under this chapter shall be extended for a period of six months from the date of mailing of notice to the claimant by the attorney general as to the final disposition of the claim or from the date of withdrawal of the claim under section 669.5, if the time to begin suit would otherwise expire before the end of the period.
    Sec. 4.  Section 670.5, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   Except as provided in section 614.1, subsections 11A and 12, and section 614.8, a person who claims damages from any municipality or any officer, employee or agent of a municipality for or on account of any wrongful death, loss, or injury within the scope of section 670.2 or section 670.8 or under common law shall commence an action therefor within two years after the alleged wrongful death, loss, or injury.
    Sec. 5.  REPEAL.  Section 614.8A, Code 2025, is repealed.
    Sec. 6.  REVIVAL.
   1.  Every claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute sexual abuse as defined in section 709.1, which is barred as of the effective date of this Act because the applicable period of limitation has expired or the plaintiff previously failed to file a petition, is hereby revived.
   2.  Dismissal of such a previous action, ordered before the effective date of this Act, on grounds that the action was time-barred, or for failure of a party to file a petition, shall not be grounds for dismissal of a revival action pursuant to this section.
    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that there is no time limitation to bring civil actions relating to sexual abuse, human trafficking, or exploitation of a minor regardless of the theory of liability in the action.
   Under current Code section 614.1(12), a civil action for damages for injury suffered as result of sexual abuse or sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction can only be brought within five years after the date that the victim was either last treated by the counselor or therapist or last enrolled in or attended the school. Current Code section 614.8A provides a four-year limitation for civil actions of sexual abuse against a child not discovered until after the injured person is of the age of majority. These provisions are stricken or repealed to the extent they are duplicative or inconsistent with the bill. If an action was previously dismissed before the effective date of the bill on the grounds that it was time-barred or because the party failed to file a petition, the bill provides the party the right to file a revival action.
   The bill also provides that state tort claims and tort liability of governmental subdivisions statutes of limitations do not apply to sexual abuse, human trafficking, or exploitation of a minor actions.
   The bill takes effect upon enactment.