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Senate File 189 - 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, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, subsection 12, Code 2019, is
2amended to read as follows:
312. Sexual abuse or sexual exploitation by a counselor,
4therapist, or school employee.
5a. (1) An If the victim was eighteen years of age or older,
6an action for damages for injury suffered as a result of sexual
7abuse, as defined in section 709.1, by a counselor, therapist,
8or school employee, as defined in section 709.15, or as a
9result of sexual exploitation by a counselor, therapist, or
10school employee shall be brought within five years of the date
11the victim was last treated by the counselor or therapist, or
12within five years of the date the victim was last enrolled in
13or attended the school.
14(2) If the victim was a minor, an action for damages for
15injury suffered as a result of sexual abuse, as defined in
16section 709.1, by a counselor, therapist, or school employee,
17as defined in section 709.15, or as a result of sexual
18exploitation by a counselor, therapist, or school employee may
19be brought at any time.
20b. Notwithstanding paragraph “a”, subparagraph (2), a claim
21that arises prior to the effective date of this Act shall be
22brought within five years of the effective date of this Act.
23 Sec. 2. Section 614.8, Code 2019, is amended to read as
24follows:
25614.8 Minors and persons with mental illness.
261. The Except as provided in section 614.1, subsection
2712, or section 614.8A, the times limited for actions in this
28chapter, or for complaints or claims in chapter 216, 669, or
29670, except those brought for penalties and forfeitures, are
30extended in favor of persons with mental illness, so that they
31shall have one year from and after the termination of the
32disability within which to file a complaint pursuant to chapter
33216, to make a claim pursuant to chapter 669 or 670, or to
34otherwise commence an action.
352. Except as provided in section 614.1, subsection 9 or
-1-112, or section 614.8A, the times limited for actions in this
2chapter, or for complaints or claims in chapter 216, 669, or
3670, except those brought for penalties and forfeitures, are
4extended in favor of minors, so that they shall have one year
5from and after attainment of majority within which to file a
6complaint pursuant to chapter 216, to make a claim pursuant to
7chapter 669, or to otherwise commence an action.
8 Sec. 3. Section 614.8A, Code 2019, is amended to read as
9follows:
10614.8A Damages Commencement of action for minor or child
11sexual abuse and other sexual offenses — no time limitation.
121. An action for damages for injury suffered as a result
13of sexual abuse which occurred when the injured person was a
14child, but not discovered until after the injured person is of
15the age of majority, shall be brought within four years from
16the time of discovery by the injured party of both the injury
17and the causal relationship between the injury and the sexual
18abuse. Notwithstanding the times limited for actions in this
19chapter, an action relating to injuries suffered as a result of
20sexual abuse as defined in section 802.2, and injuries suffered
21as a result of other sexual offenses including lascivious acts
22with a child in violation of section 709.8, assault with intent
23to commit sexual abuse in violation of section 709.11, indecent
24contact with a child in violation of section 709.12, lascivious
25conduct with a minor in violation of section 709.14, sexual
26misconduct with a juvenile in violation of section 709.16,
27subsection 2, child endangerment in violation of section 726.6,
28or sexual exploitation of a minor in violation of section
29728.12, which occurred when the injured party was a minor may
30be brought at any time.
312. Notwithstanding subsection 1, a claim that arises prior
32to the effective date of this Act shall be brought within five
33years of the effective date of this Act.
34 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
35immediate importance, takes effect upon enactment.
-2-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill modifies the periods of time to bring civil actions
5relating to young persons and persons with mental illness.
6Under current Code section 614.1(12), a civil action for
7damages for injury suffered as result of sexual abuse, as
8defined in Code section 709.1, or sexual exploitation, by a
9counselor, therapist, or school employee, each as defined in
10Code section 709.15, can only be brought within five years
11after the date that the victim was either last treated by
12the counselor or therapist or last enrolled in or attended
13the school. The bill amends the current law by making a
14distinction between victims that are minors at the time of
15abuse and victims that are 18 years of age or older at the time
16of abuse. The bill does not change the statute of limitations
17for victims that are 18 years of age or older at the time of
18abuse. For victims that are minors at the time of abuse, the
19bill provides that victims may bring an action at any time, but
20that a claim that arises prior to the effective date of the
21bill must be brought within five years of the effective date
22of the bill.
23Under current Code section 614.8, the applicable limitations
24period in which to bring certain civil actions is extended for
25persons with mental illness and minors. Under current Code
26section 670.2, a municipality is subject to liability for the
27municipality’s torts and those of the municipality’s officers
28and employees, acting within the scope of such officers’
29and employees’ employment or duties. Under current Code
30section 670.5, an action for damages for an injury against a
31municipality cannot be brought after two years of the alleged
32injury, except as provided in Code section 614.8.
33The bill amends Code section 614.8 to specify that the
34extension of the limitations period for persons with mental
35illness and for minors applies to claims brought pursuant to
-3-1Code chapter 670, which chapter is already referenced at the
2beginning of the sentences extending the limitations period.
3The amendment to Code section 614.8A in the bill extends
4the time for filing a civil action relating to sexual abuse
5which occurred when the injured person was a minor from one
6year after the attainment of majority or within four years
7from the time of discovery of both the injury and the causal
8relationship between the injury and the sexual abuse to any
9time. The amendment also provides for the filing of civil
10actions for injuries incurred from other sexual offenses. The
11bill provides that a claim related to such offenses that arises
12prior to the effective date of the bill shall be brought within
13five years of the effective date of the bill.
14The bill takes effect upon enactment.
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2actions, including by victims of sexual abuse, minors, and
3persons with mental illness, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, subsection 12, Code 2019, is
2amended to read as follows:
312. Sexual abuse or sexual exploitation by a counselor,
4therapist, or school employee.
5a. (1) An If the victim was eighteen years of age or older,
6an action for damages for injury suffered as a result of sexual
7abuse, as defined in section 709.1, by a counselor, therapist,
8or school employee, as defined in section 709.15, or as a
9result of sexual exploitation by a counselor, therapist, or
10school employee shall be brought within five years of the date
11the victim was last treated by the counselor or therapist, or
12within five years of the date the victim was last enrolled in
13or attended the school.
14(2) If the victim was a minor, an action for damages for
15injury suffered as a result of sexual abuse, as defined in
16section 709.1, by a counselor, therapist, or school employee,
17as defined in section 709.15, or as a result of sexual
18exploitation by a counselor, therapist, or school employee may
19be brought at any time.
20b. Notwithstanding paragraph “a”, subparagraph (2), a claim
21that arises prior to the effective date of this Act shall be
22brought within five years of the effective date of this Act.
23 Sec. 2. Section 614.8, Code 2019, is amended to read as
24follows:
25614.8 Minors and persons with mental illness.
261. The Except as provided in section 614.1, subsection
2712, or section 614.8A, the times limited for actions in this
28chapter, or for complaints or claims in chapter 216, 669, or
29670, except those brought for penalties and forfeitures, are
30extended in favor of persons with mental illness, so that they
31shall have one year from and after the termination of the
32disability within which to file a complaint pursuant to chapter
33216, to make a claim pursuant to chapter 669 or 670, or to
34otherwise commence an action.
352. Except as provided in section 614.1, subsection 9 or
-1-112, or section 614.8A, the times limited for actions in this
2chapter, or for complaints or claims in chapter 216, 669, or
3670, except those brought for penalties and forfeitures, are
4extended in favor of minors, so that they shall have one year
5from and after attainment of majority within which to file a
6complaint pursuant to chapter 216, to make a claim pursuant to
7chapter 669, or to otherwise commence an action.
8 Sec. 3. Section 614.8A, Code 2019, is amended to read as
9follows:
10614.8A Damages Commencement of action for minor or child
11sexual abuse and other sexual offenses — no time limitation.
121. An action for damages for injury suffered as a result
13of sexual abuse which occurred when the injured person was a
14child, but not discovered until after the injured person is of
15the age of majority, shall be brought within four years from
16the time of discovery by the injured party of both the injury
17and the causal relationship between the injury and the sexual
18abuse. Notwithstanding the times limited for actions in this
19chapter, an action relating to injuries suffered as a result of
20sexual abuse as defined in section 802.2, and injuries suffered
21as a result of other sexual offenses including lascivious acts
22with a child in violation of section 709.8, assault with intent
23to commit sexual abuse in violation of section 709.11, indecent
24contact with a child in violation of section 709.12, lascivious
25conduct with a minor in violation of section 709.14, sexual
26misconduct with a juvenile in violation of section 709.16,
27subsection 2, child endangerment in violation of section 726.6,
28or sexual exploitation of a minor in violation of section
29728.12, which occurred when the injured party was a minor may
30be brought at any time.
312. Notwithstanding subsection 1, a claim that arises prior
32to the effective date of this Act shall be brought within five
33years of the effective date of this Act.
34 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
35immediate importance, takes effect upon enactment.
-2-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill modifies the periods of time to bring civil actions
5relating to young persons and persons with mental illness.
6Under current Code section 614.1(12), a civil action for
7damages for injury suffered as result of sexual abuse, as
8defined in Code section 709.1, or sexual exploitation, by a
9counselor, therapist, or school employee, each as defined in
10Code section 709.15, can only be brought within five years
11after the date that the victim was either last treated by
12the counselor or therapist or last enrolled in or attended
13the school. The bill amends the current law by making a
14distinction between victims that are minors at the time of
15abuse and victims that are 18 years of age or older at the time
16of abuse. The bill does not change the statute of limitations
17for victims that are 18 years of age or older at the time of
18abuse. For victims that are minors at the time of abuse, the
19bill provides that victims may bring an action at any time, but
20that a claim that arises prior to the effective date of the
21bill must be brought within five years of the effective date
22of the bill.
23Under current Code section 614.8, the applicable limitations
24period in which to bring certain civil actions is extended for
25persons with mental illness and minors. Under current Code
26section 670.2, a municipality is subject to liability for the
27municipality’s torts and those of the municipality’s officers
28and employees, acting within the scope of such officers’
29and employees’ employment or duties. Under current Code
30section 670.5, an action for damages for an injury against a
31municipality cannot be brought after two years of the alleged
32injury, except as provided in Code section 614.8.
33The bill amends Code section 614.8 to specify that the
34extension of the limitations period for persons with mental
35illness and for minors applies to claims brought pursuant to
-3-1Code chapter 670, which chapter is already referenced at the
2beginning of the sentences extending the limitations period.
3The amendment to Code section 614.8A in the bill extends
4the time for filing a civil action relating to sexual abuse
5which occurred when the injured person was a minor from one
6year after the attainment of majority or within four years
7from the time of discovery of both the injury and the causal
8relationship between the injury and the sexual abuse to any
9time. The amendment also provides for the filing of civil
10actions for injuries incurred from other sexual offenses. The
11bill provides that a claim related to such offenses that arises
12prior to the effective date of the bill shall be brought within
13five years of the effective date of the bill.
14The bill takes effect upon enactment.
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