Senate File 2109 - Reprinted SENATE FILE 2109 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3112) (As Amended and Passed by the Senate February 24, 2014 ) A BILL FOR An Act modifying the periods of time to bring civil and 1 criminal actions relating to the commission of sex offenses 2 against minors. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2109 (3) 85 jm/rj/jh

S.F. 2109 Section 1. Section 614.8, subsection 2, Code 2014, is 1 amended to read as follows: 2 2. Except as provided in section 614.1, subsection 9 , or 3 section 614.8A , the times limited for actions in this chapter , 4 or chapter 216 , 669 , or 670 , except those brought for penalties 5 and forfeitures, are extended in favor of minors, so that they 6 shall have one year from and after attainment of majority 7 within which to file a complaint pursuant to chapter 216 , to 8 make a claim pursuant to chapter 669 , or to otherwise commence 9 an action. 10 Sec. 2. Section 614.8A, Code 2014, is amended to read as 11 follows: 12 614.8A Damages Commencement of action for minor or child 13 sexual abuse —— time limitation. 14 1. Notwithstanding section 614.8, subsection 2, and the 15 times limited for actions in this chapter, the time to file an 16 action relating to sexual abuse which occurred when the injured 17 person was a minor, is extended twenty-five years beyond the 18 minor’s attainment of eighteen years of age. 19 2. An In addition to the extension of time provided in 20 subsection 1, an action for damages for injury suffered as 21 a result of sexual abuse which occurred when the injured 22 person was a child, but not discovered until after the injured 23 person is of the age of majority, shall be brought within four 24 twenty-five years from the time of discovery by the injured 25 party of both the injury and the causal relationship between 26 the injury and the sexual abuse. 27 Sec. 3. Section 802.2, subsection 1, Code 2014, is amended 28 to read as follows: 29 1. An information or indictment for sexual abuse in the 30 first, second, or third degree committed on or with a person 31 who is under the age of eighteen years shall be found within 32 ten twenty-five years after the person upon whom the offense 33 is committed attains eighteen years of age, or if the person 34 against whom the information or indictment is sought is 35 -1- SF 2109 (3) 85 jm/rj/jh 1/ 3

S.F. 2109 identified through the use of a DNA profile, an information or 1 indictment shall be found within three years from the date the 2 person is identified by the person’s DNA profile, whichever is 3 later. 4 Sec. 4. NEW SECTION . 802.2B Other sexual offenses. 5 1. An information or indictment for the following offenses 6 committed on or with a person who is a child or is under the 7 age of eighteen years shall be found within ten years after 8 the person upon whom the offense is committed attains eighteen 9 years of age: 10 a. Lascivious acts with a child in violation of section 11 709.8. 12 b. Assault with intent to commit sexual abuse in violation 13 of section 709.11. 14 c. Indecent contact with a child in violation of section 15 709.12. 16 d. Lascivious conduct with a minor in violation of section 17 709.14. 18 e. Sexual misconduct with a juvenile in violation of section 19 709.16, subsection 2. 20 2. If the person against whom the information or indictment 21 is sought is identified through the use of a DNA profile for an 22 offense described in subsection 1, an information or indictment 23 shall be found within ten years after its commission, or within 24 three years from the date the person is identified by the 25 person’s DNA profile, whichever is later. 26 Sec. 5. Section 802.3, Code 2014, is amended to read as 27 follows: 28 802.3 Felony —— aggravated or serious misdemeanor. 29 In all cases, except those enumerated in section 802.1 , 30 802.2 , 802.2A , 802.2B, or 802.10 , an indictment or information 31 for a felony or aggravated or serious misdemeanor shall be 32 found within three years after its commission. 33 Sec. 6. Section 802.10, subsection 3, Code 2014, is amended 34 to read as follows: 35 -2- SF 2109 (3) 85 jm/rj/jh 2/ 3

S.F. 2109 3. However, notwithstanding subsection 2 , an indictment 1 or information shall be found against a person within three 2 years from the date the person is identified by the person’s 3 DNA profile. If the action involves sexual abuse , or another 4 sexual offense the indictment or information shall be found 5 as provided in section 802.2 or 802.2B , if the person is 6 identified by the person’s DNA profile. 7 -3- SF 2109 (3) 85 jm/rj/jh 3/ 3