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Senate File 32 - IntroducedA Bill ForAn Act 1modifying the periods of time to bring certain civil
2actions, including by victims of sexual abuse, minors, and
3persons with mental illness, entitling certain cases to a
4preference in trial order, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 602.1205, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 3. a. The district court shall try civil
4cases in the order in which cases are initiated by the filing
5of a petition, provided that the following cases shall be
6entitled to a preference:
7(1) Actions that have been revived pursuant to section
8614.1, subsection 12, paragraph “b”, or section 614.8A,
9subsection 2.
10(2) An action in which the interests of justice, as
11determined by the supreme court, will be served by early trial.
12b. The court shall adopt rules to implement this subsection.
13c. Unless the court otherwise orders, notice of a motion
14for preference shall be served with the petition by the party
15serving the petition, or ten days after such service by any
16other party.
17 Sec. 2. Section 614.1, subsection 12, Code 2021, is amended
18to read as follows:
1912. Sexual abuse or sexual exploitation by a counselor,
20therapist, or school employee.
21a. (1) An If the victim was eighteen years of age or older,
22an action for damages for injury suffered as a result of sexual
23abuse, as defined in section 709.1, by a counselor, therapist,
24or school employee, as defined in section 709.15, or as a
25result of sexual exploitation by a counselor, therapist, or
26school employee shall be brought within five years of the date
27the victim was last treated by the counselor or therapist, or
28within five years of the date the victim was last enrolled in
29or attended the school.
30(2) If the victim was a minor, an action for damages for
31injury suffered as a result of sexual abuse, as defined in
32section 709.1, by a counselor, therapist, or school employee,
33as defined in section 709.15, or as a result of sexual
34exploitation by a counselor, therapist, or school employee may
35be brought at any time.
-1- 1b. (1) Notwithstanding paragraph “a”, subparagraph (2),
2every claim or cause of action brought against any party
3alleging intentional or negligent acts or omissions by a person
4for physical, psychological, or other injury or condition
5suffered as a result of conduct which would constitute sexual
6abuse as defined in section 709.1, by a counselor, therapist,
7or school employee as defined in section 709.15, or as a
8result of sexual exploitation by a counselor, therapist, or
9school, which is barred as of the effective date of this Act
10because the applicable period of limitation has expired or
11the plaintiff previously failed to file a petition, is hereby
12revived, and action thereon may be commenced not later than
13three years after the effective date of this Act.
14(2) Dismissal of a previous action, ordered before the
15effective date of this Act, on grounds that such previous
16action was time-barred, or of failure of a party to file a
17petition, shall not be grounds for dismissal of a revival
18action pursuant to this paragraph.
19 Sec. 3. Section 614.8, Code 2021, is amended to read as
20follows:
21614.8 Minors and persons with mental illness.
221. The Except as provided in section 614.1, subsection
2312, or section 614.8A, the times limited for actions in this
24chapter, or for complaints or claims in chapter 216, 669, or
25670, except those brought for penalties and forfeitures, are
26extended in favor of persons with mental illness, so that they
27shall have one year from and after the termination of the
28disability within which to file a complaint pursuant to chapter
29216, to make a claim pursuant to chapter 669 or 670, or to
30otherwise commence an action.
312. Except as provided in section 614.1, subsection 9 or
3212, or section 614.8A, the times limited for actions in this
33chapter, or for complaints or claims in chapter 216, 669, or
34670, except those brought for penalties and forfeitures, are
35extended in favor of minors, so that they shall have one year
-2-1from and after attainment of majority within which to file a
2complaint pursuant to chapter 216, to make a claim pursuant to
3chapter 669, or to otherwise commence an action.
4 Sec. 4. Section 614.8A, Code 2021, is amended to read as
5follows:
6614.8A Damages Commencement of action for minor or child
7sexual abuse and other sexual offenses — notime limitation.
8An action for damages for injury suffered as a result of
9sexual abuse which occurred when the injured person was a
10child, but not discovered until after the injured person is of
11the age of majority, shall be brought within four years from
12the time of discovery by the injured party of both the injury
13and the causal relationship between the injury and the sexual
14abuse.
151. Notwithstanding the times limited for actions in this
16chapter, an action relating to injuries suffered as a result of
17sexual abuse as defined in section 802.2, and injuries suffered
18as a result of other sexual offenses including lascivious acts
19with a child in violation of section 709.8, assault with intent
20to commit sexual abuse in violation of section 709.11, indecent
21contact with a child in violation of section 709.12, lascivious
22conduct with a minor in violation of section 709.14, sexual
23misconduct with a juvenile in violation of section 709.16,
24subsection 2, child endangerment in violation of section 726.6,
25or sexual exploitation of a minor in violation of section
26728.12, which occurred when the injured party was a minor may
27be brought at any time.
282. a. Notwithstanding subsection 1, every claim or cause
29of action brought against any party alleging intentional
30or negligent acts or omissions by a person for physical,
31psychological, or other injury or condition suffered as a
32result of conduct which would constitute sexual abuse as
33defined in section 709.1, by a counselor, therapist, or school
34employee as defined in section 709.15, subsection 1, or as a
35result of sexual exploitation by a counselor, therapist, or
-3-1school, which is barred as of the effective date of this Act
2because the applicable period of limitation has expired or
3the plaintiff previously failed to file a petition, is hereby
4revived, and action thereon may be commenced not later than
5three years after the effective date of this Act.
6b. Dismissal of a previous action, ordered before the
7effective date of this Act, on grounds that such previous
8action was time-barred, or of failure of a party to file a
9petition, shall not be grounds for dismissal of a revival
10action pursuant to this section.
11 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
12immediate importance, takes effect upon enactment.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill modifies the periods of time to bring civil actions
17relating to young persons and persons with mental illness and
18entitles certain cases to a preference in trial order.
19Under current Code section 614.1(12), a civil action for
20damages for injury suffered as result of sexual abuse, as
21defined in Code section 709.1, or sexual exploitation, by a
22counselor, therapist, or school employee, each as defined in
23Code section 709.15, can only be brought within five years
24after the date that the victim was either last treated by
25the counselor or therapist or last enrolled in or attended
26the school. The bill amends the current law by making a
27distinction between victims that are minors at the time of
28abuse and victims that are 18 years of age or older at the time
29of abuse. The bill does not change the statute of limitations
30for victims that are 18 years of age or older at the time of
31abuse. For victims that are minors at the time of abuse, the
32bill provides that victims may bring an action at any time,
33but that a claim that arises prior to the effective date of
34the bill must be brought not later than three years after
35the effective date of the bill. If an action was previously
-4-1dismissed before the effective date of the bill on the grounds
2that it was time-barred or because the party failed to file
3a petition, the party shall have a right to file a revival
4action.
5Under current Code section 614.8, the applicable limitations
6period in which to bring certain civil actions is extended for
7persons with mental illness and minors. Under current Code
8section 670.2, a municipality is subject to liability for the
9municipality’s torts and those of the municipality’s officers
10and employees, acting within the scope of such officers’
11and employees’ employment or duties. Under current Code
12section 670.5, an action for damages for an injury against a
13municipality cannot be brought after two years of the alleged
14injury, except as provided in Code section 614.8.
15The bill amends Code section 614.8 to specify that the
16extension of the limitations period for persons with mental
17illness and for minors applies to claims brought pursuant to
18Code chapter 670, which chapter is already referenced at the
19beginning of the sentences extending the limitations period.
20The amendment to Code section 614.8A in the bill extends
21the time for filing a civil action relating to sexual abuse
22which occurred when the injured person was a minor from one
23year after the attainment of majority or within four years
24from the time of discovery of both the injury and the causal
25relationship between the injury and the sexual abuse to any
26time. The amendment also provides for the filing of civil
27actions for injuries incurred from other sexual offenses. The
28bill provides that a claim related to such offenses that arises
29prior to the effective date of the bill must be brought not
30later than three years after the effective date of the bill.
31If an action was previously dismissed before the effective date
32of the bill on the grounds that it was time-barred or because
33the party failed to file a petition, the party shall have a
34right to file a revival action.
35The bill provides that the district court shall try civil
-5-1cases in the order in which cases are initiated by the filing
2of a petition, but entitles cases to preference if the cases
3have been revived pursuant to Code section 614.1(12)(b) or Code
4section 615.8A(2) or actions in which the interests of justice,
5as determined by the supreme court, will be served by early
6trial. The bill provides that the court shall adopt rules to
7implement this provision of the bill. The bill provides that
8if a party intends to invoke this preference, the party must
9notice the motion for preference with the petition by the party
10serving the petition or 10 days after such service by any other
11party.
12The bill takes effect upon enactment.
-6-dg/jh
2actions, including by victims of sexual abuse, minors, and
3persons with mental illness, entitling certain cases to a
4preference in trial order, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 602.1205, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 3. a. The district court shall try civil
4cases in the order in which cases are initiated by the filing
5of a petition, provided that the following cases shall be
6entitled to a preference:
7(1) Actions that have been revived pursuant to section
8614.1, subsection 12, paragraph “b”, or section 614.8A,
9subsection 2.
10(2) An action in which the interests of justice, as
11determined by the supreme court, will be served by early trial.
12b. The court shall adopt rules to implement this subsection.
13c. Unless the court otherwise orders, notice of a motion
14for preference shall be served with the petition by the party
15serving the petition, or ten days after such service by any
16other party.
17 Sec. 2. Section 614.1, subsection 12, Code 2021, is amended
18to read as follows:
1912. Sexual abuse or sexual exploitation by a counselor,
20therapist, or school employee.
21a. (1) An If the victim was eighteen years of age or older,
22an action for damages for injury suffered as a result of sexual
23abuse, as defined in section 709.1, by a counselor, therapist,
24or school employee, as defined in section 709.15, or as a
25result of sexual exploitation by a counselor, therapist, or
26school employee shall be brought within five years of the date
27the victim was last treated by the counselor or therapist, or
28within five years of the date the victim was last enrolled in
29or attended the school.
30(2) If the victim was a minor, an action for damages for
31injury suffered as a result of sexual abuse, as defined in
32section 709.1, by a counselor, therapist, or school employee,
33as defined in section 709.15, or as a result of sexual
34exploitation by a counselor, therapist, or school employee may
35be brought at any time.
-1- 1b. (1) Notwithstanding paragraph “a”, subparagraph (2),
2every claim or cause of action brought against any party
3alleging intentional or negligent acts or omissions by a person
4for physical, psychological, or other injury or condition
5suffered as a result of conduct which would constitute sexual
6abuse as defined in section 709.1, by a counselor, therapist,
7or school employee as defined in section 709.15, or as a
8result of sexual exploitation by a counselor, therapist, or
9school, which is barred as of the effective date of this Act
10because the applicable period of limitation has expired or
11the plaintiff previously failed to file a petition, is hereby
12revived, and action thereon may be commenced not later than
13three years after the effective date of this Act.
14(2) Dismissal of a previous action, ordered before the
15effective date of this Act, on grounds that such previous
16action was time-barred, or of failure of a party to file a
17petition, shall not be grounds for dismissal of a revival
18action pursuant to this paragraph.
19 Sec. 3. Section 614.8, Code 2021, is amended to read as
20follows:
21614.8 Minors and persons with mental illness.
221. The Except as provided in section 614.1, subsection
2312, or section 614.8A, the times limited for actions in this
24chapter, or for complaints or claims in chapter 216, 669, or
25670, except those brought for penalties and forfeitures, are
26extended in favor of persons with mental illness, so that they
27shall have one year from and after the termination of the
28disability within which to file a complaint pursuant to chapter
29216, to make a claim pursuant to chapter 669 or 670, or to
30otherwise commence an action.
312. Except as provided in section 614.1, subsection 9 or
3212, or section 614.8A, the times limited for actions in this
33chapter, or for complaints or claims in chapter 216, 669, or
34670, except those brought for penalties and forfeitures, are
35extended in favor of minors, so that they shall have one year
-2-1from and after attainment of majority within which to file a
2complaint pursuant to chapter 216, to make a claim pursuant to
3chapter 669, or to otherwise commence an action.
4 Sec. 4. Section 614.8A, Code 2021, is amended to read as
5follows:
6614.8A Damages Commencement of action for minor or child
7sexual abuse and other sexual offenses — notime limitation.
8An action for damages for injury suffered as a result of
9sexual abuse which occurred when the injured person was a
10child, but not discovered until after the injured person is of
11the age of majority, shall be brought within four years from
12the time of discovery by the injured party of both the injury
13and the causal relationship between the injury and the sexual
14abuse.
151. Notwithstanding the times limited for actions in this
16chapter, an action relating to injuries suffered as a result of
17sexual abuse as defined in section 802.2, and injuries suffered
18as a result of other sexual offenses including lascivious acts
19with a child in violation of section 709.8, assault with intent
20to commit sexual abuse in violation of section 709.11, indecent
21contact with a child in violation of section 709.12, lascivious
22conduct with a minor in violation of section 709.14, sexual
23misconduct with a juvenile in violation of section 709.16,
24subsection 2, child endangerment in violation of section 726.6,
25or sexual exploitation of a minor in violation of section
26728.12, which occurred when the injured party was a minor may
27be brought at any time.
282. a. Notwithstanding subsection 1, every claim or cause
29of action brought against any party alleging intentional
30or negligent acts or omissions by a person for physical,
31psychological, or other injury or condition suffered as a
32result of conduct which would constitute sexual abuse as
33defined in section 709.1, by a counselor, therapist, or school
34employee as defined in section 709.15, subsection 1, or as a
35result of sexual exploitation by a counselor, therapist, or
-3-1school, which is barred as of the effective date of this Act
2because the applicable period of limitation has expired or
3the plaintiff previously failed to file a petition, is hereby
4revived, and action thereon may be commenced not later than
5three years after the effective date of this Act.
6b. Dismissal of a previous action, ordered before the
7effective date of this Act, on grounds that such previous
8action was time-barred, or of failure of a party to file a
9petition, shall not be grounds for dismissal of a revival
10action pursuant to this section.
11 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
12immediate importance, takes effect upon enactment.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill modifies the periods of time to bring civil actions
17relating to young persons and persons with mental illness and
18entitles certain cases to a preference in trial order.
19Under current Code section 614.1(12), a civil action for
20damages for injury suffered as result of sexual abuse, as
21defined in Code section 709.1, or sexual exploitation, by a
22counselor, therapist, or school employee, each as defined in
23Code section 709.15, can only be brought within five years
24after the date that the victim was either last treated by
25the counselor or therapist or last enrolled in or attended
26the school. The bill amends the current law by making a
27distinction between victims that are minors at the time of
28abuse and victims that are 18 years of age or older at the time
29of abuse. The bill does not change the statute of limitations
30for victims that are 18 years of age or older at the time of
31abuse. For victims that are minors at the time of abuse, the
32bill provides that victims may bring an action at any time,
33but that a claim that arises prior to the effective date of
34the bill must be brought not later than three years after
35the effective date of the bill. If an action was previously
-4-1dismissed before the effective date of the bill on the grounds
2that it was time-barred or because the party failed to file
3a petition, the party shall have a right to file a revival
4action.
5Under current Code section 614.8, the applicable limitations
6period in which to bring certain civil actions is extended for
7persons with mental illness and minors. Under current Code
8section 670.2, a municipality is subject to liability for the
9municipality’s torts and those of the municipality’s officers
10and employees, acting within the scope of such officers’
11and employees’ employment or duties. Under current Code
12section 670.5, an action for damages for an injury against a
13municipality cannot be brought after two years of the alleged
14injury, except as provided in Code section 614.8.
15The bill amends Code section 614.8 to specify that the
16extension of the limitations period for persons with mental
17illness and for minors applies to claims brought pursuant to
18Code chapter 670, which chapter is already referenced at the
19beginning of the sentences extending the limitations period.
20The amendment to Code section 614.8A in the bill extends
21the time for filing a civil action relating to sexual abuse
22which occurred when the injured person was a minor from one
23year after the attainment of majority or within four years
24from the time of discovery of both the injury and the causal
25relationship between the injury and the sexual abuse to any
26time. The amendment also provides for the filing of civil
27actions for injuries incurred from other sexual offenses. The
28bill provides that a claim related to such offenses that arises
29prior to the effective date of the bill must be brought not
30later than three years after the effective date of the bill.
31If an action was previously dismissed before the effective date
32of the bill on the grounds that it was time-barred or because
33the party failed to file a petition, the party shall have a
34right to file a revival action.
35The bill provides that the district court shall try civil
-5-1cases in the order in which cases are initiated by the filing
2of a petition, but entitles cases to preference if the cases
3have been revived pursuant to Code section 614.1(12)(b) or Code
4section 615.8A(2) or actions in which the interests of justice,
5as determined by the supreme court, will be served by early
6trial. The bill provides that the court shall adopt rules to
7implement this provision of the bill. The bill provides that
8if a party intends to invoke this preference, the party must
9notice the motion for preference with the petition by the party
10serving the petition or 10 days after such service by any other
11party.
12The bill takes effect upon enactment.
-6-dg/jh