SF 2431 (LSB 6381SV (3) 90)

SENATE FILE 2431

BY  COMMITTEE ON APPROPRIATIONS

(SUCCESSOR TO SSB 3197)

(As Amended and Passed by the Senate 2024-04-09)

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 614.8, subsection 2, and 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, regardless of whether a criminal complaint was filed or a criminal conviction was obtained.
   b.  The action is barred due to the expiration of the statute of limitations period described in section 614.8, subsection 2, or 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.
   3.  For purposes of this section, “child” means any person under the age of eighteen years.
    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  This Act is repealed December 31, 2026.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.