Senate File 2083 - Introduced SENATE FILE 2083 BY SALMON and WESTRICH A BILL FOR An Act modifying the periods of time to bring certain civil 1 actions by victims of sexual abuse and other sexual offenses 2 that occurred when the victim was a minor, entitling 3 certain cases to a preference in trial order, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5965XS (2) 91 lh/jh

S.F. 2083 Section 1. Section 602.1205, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. The district court shall try civil 3 cases in the order in which cases are initiated by the filing 4 of a petition, provided that the following cases shall be 5 entitled to a preference: 6 (1) Actions that have been revived pursuant to section 7 614.1, subsection 12, paragraph “b” , or section 614.8A, 8 subsection 2. This subparagraph is repealed July 1, 2032. 9 (2) An action in which the interests of justice, as 10 determined by the supreme court, will be served by early trial. 11 b. The supreme court shall prescribe rules to implement this 12 subsection. 13 c. Unless the court otherwise orders, notice of a motion 14 for preference shall be served with the petition by the party 15 serving the petition, or ten days after such service by any 16 other party. 17 Sec. 2. Section 614.1, subsection 12, Code 2026, is amended 18 to read as follows: 19 12. Sexual abuse or sexual exploitation by a counselor, 20 therapist, school employee, or adult providing training or 21 instruction. An 22 a. (1) If the victim was eighteen years of age or older, 23 an action for damages for injury suffered as a result of 24 sexual abuse, as defined in section 709.1 , by a counselor, 25 therapist, school employee, or adult providing training or 26 instruction, as defined in section 709.15 , or as a result of 27 sexual exploitation by a counselor, therapist, school employee, 28 or adult providing training or instruction shall be brought 29 within five years of the date the victim was last treated by 30 the counselor or therapist, or within five years of the date 31 the victim was last enrolled in or attended the school. 32 (2) If the victim was a minor, an action for damages for 33 injury suffered as a result of sexual abuse, as defined in 34 section 709.1, by a counselor, therapist, school employee, or 35 -1- LSB 5965XS (2) 91 lh/jh 1/ 5

S.F. 2083 adult providing training or instruction, as defined in section 1 709.15, or as a result of sexual exploitation by a counselor, 2 therapist, school employee, or adult providing training or 3 instruction shall be brought within ten years of the date 4 the victim was last treated by the counselor or therapist, 5 within ten years of the date the victim was last enrolled in or 6 attended the school, or within ten years from the attainment of 7 majority, whichever is later. 8 b. (1) Notwithstanding paragraph “a” , subparagraph (2), 9 every claim or cause of action brought against any party 10 alleging intentional or negligent acts or omissions by a person 11 for physical, psychological, or other injury or condition 12 suffered as a result of conduct which would constitute sexual 13 abuse, as defined in section 709.1, by a counselor, therapist, 14 school employee, or adult providing training or instruction, 15 as defined in section 709.15, or as a result of sexual 16 exploitation by a counselor, therapist, school employee, or 17 adult providing training or instruction, which is barred as of 18 the effective date of this Act because the applicable period of 19 limitation has expired or the plaintiff previously failed to 20 file a petition, is hereby revived, and action thereon may be 21 commenced not later than three years after the effective date 22 of this Act. 23 (2) Dismissal of a previous action, ordered before the 24 effective date of this Act, on grounds that such previous 25 action was time-barred, or for failure of a party to file a 26 petition, shall not be grounds for dismissal of a revival 27 action pursuant to this paragraph. 28 (3) This paragraph is repealed July 1, 2032. 29 Sec. 3. Section 614.8, subsection 2, Code 2026, is amended 30 to read as follows: 31 2. Except as provided in section 614.1, subsection 9 or 32 12, or section 614.8A , the times limited for actions in this 33 chapter , or chapter 216 , 659A , 669 , or 670 , except those 34 brought for penalties and forfeitures, are extended in favor 35 -2- LSB 5965XS (2) 91 lh/jh 2/ 5

S.F. 2083 of minors, so that they shall have one year from and after 1 attainment of majority within which to file a complaint 2 pursuant to chapter 216 , to make a claim pursuant to chapter 3 669 , or to otherwise commence an action. 4 Sec. 4. Section 614.8A, Code 2026, is amended by striking 5 the section and inserting in lieu thereof the following: 6 614.8A Commencement of action for minor or child sexual abuse 7 and other sexual offenses. 8 1. Notwithstanding the times limited for actions in this 9 chapter, an action relating to injuries suffered as a result of 10 sexual abuse as defined in section 709.1, and injuries suffered 11 as a result of other sexual offenses including but not limited 12 to lascivious acts with a child in violation of section 709.8, 13 assault with intent to commit sexual abuse in violation of 14 section 709.11, indecent contact with a child in violation of 15 section 709.12, lascivious conduct with a minor in violation 16 of section 709.14, sexual misconduct with a juvenile in 17 violation of section 709.16, subsection 2, child endangerment 18 in violation of section 726.6, or sexual exploitation of a 19 minor in violation of section 728.12, which occurred when the 20 injured party was a minor shall be brought within ten years 21 from the time of discovery by the injured party of both the 22 injury and the causal relationship between the injury and the 23 sexual abuse or other sexual offense, or within ten years from 24 the attainment of majority, whichever is later. 25 2. a. Notwithstanding subsection 1, every claim or cause 26 of action brought against any party alleging intentional 27 or negligent acts or omissions by a person for physical, 28 psychological, or other injury or condition suffered as a 29 result of conduct described in subsection 1, which is barred as 30 of the effective date of this Act because the applicable period 31 of limitation has expired or the plaintiff previously failed to 32 file a petition, is hereby revived, and action thereon may be 33 commenced not later than three years after the effective date 34 of this Act. 35 -3- LSB 5965XS (2) 91 lh/jh 3/ 5

S.F. 2083 b. Dismissal of a previous action, ordered before the 1 effective date of this Act, on grounds that such previous 2 action was time-barred, or of failure of a party to file a 3 petition, shall not be grounds for dismissal of a revival 4 action pursuant to this section. 5 c. This subsection is repealed July 1, 2032. 6 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 7 importance, takes effect upon enactment. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill modifies the periods of time to bring civil actions 12 relating to victims of sexual abuse and other sexual offenses 13 that occurred when the victim was a minor and entitles certain 14 cases to a preference in trial order. 15 Under current Code section 614.1(12), a civil action for 16 damages for injury suffered as result of sexual abuse or sexual 17 exploitation by a counselor, therapist, school employee, or 18 adult providing training or instruction can only be brought 19 within five years after the date that the victim was either 20 last treated by the counselor or therapist or last enrolled 21 in or attended the school. The bill amends this provision by 22 making a distinction between victims that are minors at the 23 time of abuse and victims that are 18 years of age or older 24 at the time of abuse. The bill does not change the statute 25 of limitations for victims that are 18 years of age or older 26 at the time of abuse. For victims who are minors at the time 27 of abuse, the action shall be brought by the injured party 28 within 10 years from the time of discovery of the injury 29 or relationship between the injury and the sexual abuse or 30 exploitation or from the attainment of majority, whichever is 31 later. 32 Code section 614.8 provides that the time limit to bring 33 certain civil actions is extended by one year for minors. 34 The bill makes a conforming change to Code section 614.18 to 35 -4- LSB 5965XS (2) 91 lh/jh 4/ 5

S.F. 2083 account for the longer extension of time for minors that the 1 bill provides. 2 Under Code section 614.8A, the bill extends the time for 3 filing a civil action relating to sexual abuse which occurred 4 when the injured person was a minor from within four years 5 from the time of discovery of both the injury and the causal 6 relationship between the injury and the sexual abuse to 10 7 years or within 10 years from the attainment of majority, 8 whichever is later. The bill also provides for the filing of 9 civil actions for injuries incurred from other sexual offenses. 10 The bill provides that claims related to offenses under the 11 bill that arise prior to the effective date of the bill must 12 be brought not later than three years after the effective date 13 of the bill. If an action was previously dismissed before 14 the effective date of the bill on the grounds that it was 15 time-barred or because the party failed to file a petition, the 16 party shall have a right to file a revival action. 17 The bill provides that the district court shall try civil 18 cases in the order in which cases are initiated by the filing 19 of a petition, but entitles cases to preference if the cases 20 have been revived pursuant to Code section 614.1(12)(b) or 21 Code section 615.8A(2) or actions in which the interests of 22 justice, as determined by the supreme court, will be served by 23 early trial. If a party intends to invoke this preference, the 24 party must serve the notice of a motion for preference with 25 the petition. Such notice must be served 10 days after such 26 service by any other party. 27 The bill takes effect upon enactment. 28 -5- LSB 5965XS (2) 91 lh/jh 5/ 5