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Senate File 2037 - 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 2020, 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 2020, 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 earlier than
13six months after, and not later than two years and six months
14after, the effective date of this Act.
15(2) Dismissal of a previous action, ordered before the
16effective date of this Act, on grounds that such previous
17action was time-barred, or of failure of a party to file a
18petition, shall not be grounds for dismissal of a revival
19action pursuant to this paragraph.
20 Sec. 3. Section 614.8, Code 2020, is amended to read as
21follows:
22614.8 Minors and persons with mental illness.
231. The Except as provided in section 614.1, subsection
2412, or section 614.8A, the times limited for actions in this
25chapter, or for complaints or claims in chapter 216, 669, or
26670, except those brought for penalties and forfeitures, are
27extended in favor of persons with mental illness, so that they
28shall have one year from and after the termination of the
29disability within which to file a complaint pursuant to chapter
30216, to make a claim pursuant to chapter 669 or 670, or to
31otherwise commence an action.
322. Except as provided in section 614.1, subsection 9 or
3312, or section 614.8A, the times limited for actions in this
34chapter, or for complaints or claims in chapter 216, 669, or
35670, except those brought for penalties and forfeitures, are
-2-1extended in favor of minors, so that they shall have one year
2from and after attainment of majority within which to file a
3complaint pursuant to chapter 216, to make a claim pursuant to
4chapter 669, or to otherwise commence an action.
5 Sec. 4. Section 614.8A, Code 2020, is amended to read as
6follows:
7614.8A Damages Commencement of action for minor or child
8sexual abuse and other sexual offenses — no time limitation.
9An action for damages for injury suffered as a result of
10sexual abuse which occurred when the injured person was a
11child, but not discovered until after the injured person is of
12the age of majority, shall be brought within four years from
13the time of discovery by the injured party of both the injury
14and the causal relationship between the injury and the sexual
15abuse.
161. Notwithstanding the times limited for actions in this
17chapter, an action relating to injuries suffered as a result of
18sexual abuse as defined in section 802.2, and injuries suffered
19as a result of other sexual offenses including lascivious acts
20with a child in violation of section 709.8, assault with intent
21to commit sexual abuse in violation of section 709.11, indecent
22contact with a child in violation of section 709.12, lascivious
23conduct with a minor in violation of section 709.14, sexual
24misconduct with a juvenile in violation of section 709.16,
25subsection 2, child endangerment in violation of section 726.6,
26or sexual exploitation of a minor in violation of section
27728.12, which occurred when the injured party was a minor may
28be brought at any time.
292. a. Notwithstanding subsection 1, every claim or cause
30of action brought against any party alleging intentional
31or negligent acts or omissions by a person for physical,
32psychological, or other injury or condition suffered as a
33result of conduct which would constitute sexual abuse as
34defined in section 709.1, by a counselor, therapist, or school
35employee as defined in section 709.15, or as a result of sexual
-3-1exploitation by a counselor, therapist, or school, which
2is barred as of the effective date of this Act because the
3applicable period of limitation has expired or the plaintiff
4previously failed to file a petition, is hereby revived, and
5action thereon may be commenced not earlier than six months
6after, and not later than two years and six months after, the
7effective date of this Act.
8b. Dismissal of a previous action, ordered before the
9effective date of this Act, on grounds that such previous
10action was time-barred, or of failure of a party to file a
11petition, shall not be grounds for dismissal of a revival
12action pursuant to this section.
13 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
14immediate importance, takes effect upon enactment.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill modifies the periods of time to bring civil actions
19relating to young persons and persons with mental illness and
20entitles certain cases to a preference in trial order.
21Under current Code section 614.1(12), a civil action for
22damages for injury suffered as result of sexual abuse, as
23defined in Code section 709.1, or sexual exploitation, by a
24counselor, therapist, or school employee, each as defined in
25Code section 709.15, can only be brought within five years
26after the date that the victim was either last treated by
27the counselor or therapist or last enrolled in or attended
28the school. The bill amends the current law by making a
29distinction between victims that are minors at the time of
30abuse and victims that are 18 years of age or older at the time
31of abuse. The bill does not change the statute of limitations
32for victims that are 18 years of age or older at the time of
33abuse. For victims that are minors at the time of abuse, the
34bill provides that victims may bring an action at any time, but
35that a claim that arises prior to the effective date of the
-4-1bill must be brought not earlier than six months after, and
2not later than two years and six months after, the effective
3date of the bill. If an action was previously dismissed before
4the effective date of the bill on the grounds that it was
5time-barred or because the party failed to file a petition, the
6party shall have a right to file a revival action.
7Under current Code section 614.8, the applicable limitations
8period in which to bring certain civil actions is extended for
9persons with mental illness and minors. Under current Code
10section 670.2, a municipality is subject to liability for the
11municipality’s torts and those of the municipality’s officers
12and employees, acting within the scope of such officers’
13and employees’ employment or duties. Under current Code
14section 670.5, an action for damages for an injury against a
15municipality cannot be brought after two years of the alleged
16injury, except as provided in Code section 614.8.
17The bill amends Code section 614.8 to specify that the
18extension of the limitations period for persons with mental
19illness and for minors applies to claims brought pursuant to
20Code chapter 670, which chapter is already referenced at the
21beginning of the sentences extending the limitations period.
22The amendment to Code section 614.8A in the bill extends
23the time for filing a civil action relating to sexual abuse
24which occurred when the injured person was a minor from one
25year after the attainment of majority or within four years
26from the time of discovery of both the injury and the causal
27relationship between the injury and the sexual abuse to any
28time. The amendment also provides for the filing of civil
29actions for injuries incurred from other sexual offenses. The
30bill provides that a claim related to such offenses that arises
31prior to the effective date of the bill shall be brought not
32earlier than six months after, and not later than two years and
33six months after, the effective date of the bill. If an action
34was previously dismissed before the effective date of the bill
35on the grounds that it was time-barred or because the party
-5-1failed to file a petition, the party shall have a right to file
2a revival action.
3The bill provides that the district court shall try civil
4cases in the order in which cases are initiated by the filing
5of a petition, but entitles cases to preference if the cases
6have been revived pursuant to Code section 614.1(12)(b) or Code
7section 615.8A(2) or actions in which the interests of justice,
8as determined by the supreme court, will be served by early
9trial. The bill provides that the court shall adopt rules to
10implement this provision of the bill. The bill provides that
11if a party intends to invoke this preference, the party must
12notice the motion for preference with the petition by the party
13serving the petition or 10 days after such service by any other
14party.
15The bill takes effect upon enactment.
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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 2020, 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 2020, 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 earlier than
13six months after, and not later than two years and six months
14after, the effective date of this Act.
15(2) Dismissal of a previous action, ordered before the
16effective date of this Act, on grounds that such previous
17action was time-barred, or of failure of a party to file a
18petition, shall not be grounds for dismissal of a revival
19action pursuant to this paragraph.
20 Sec. 3. Section 614.8, Code 2020, is amended to read as
21follows:
22614.8 Minors and persons with mental illness.
231. The Except as provided in section 614.1, subsection
2412, or section 614.8A, the times limited for actions in this
25chapter, or for complaints or claims in chapter 216, 669, or
26670, except those brought for penalties and forfeitures, are
27extended in favor of persons with mental illness, so that they
28shall have one year from and after the termination of the
29disability within which to file a complaint pursuant to chapter
30216, to make a claim pursuant to chapter 669 or 670, or to
31otherwise commence an action.
322. Except as provided in section 614.1, subsection 9 or
3312, or section 614.8A, the times limited for actions in this
34chapter, or for complaints or claims in chapter 216, 669, or
35670, except those brought for penalties and forfeitures, are
-2-1extended in favor of minors, so that they shall have one year
2from and after attainment of majority within which to file a
3complaint pursuant to chapter 216, to make a claim pursuant to
4chapter 669, or to otherwise commence an action.
5 Sec. 4. Section 614.8A, Code 2020, is amended to read as
6follows:
7614.8A Damages Commencement of action for minor or child
8sexual abuse and other sexual offenses — no time limitation.
9An action for damages for injury suffered as a result of
10sexual abuse which occurred when the injured person was a
11child, but not discovered until after the injured person is of
12the age of majority, shall be brought within four years from
13the time of discovery by the injured party of both the injury
14and the causal relationship between the injury and the sexual
15abuse.
161. Notwithstanding the times limited for actions in this
17chapter, an action relating to injuries suffered as a result of
18sexual abuse as defined in section 802.2, and injuries suffered
19as a result of other sexual offenses including lascivious acts
20with a child in violation of section 709.8, assault with intent
21to commit sexual abuse in violation of section 709.11, indecent
22contact with a child in violation of section 709.12, lascivious
23conduct with a minor in violation of section 709.14, sexual
24misconduct with a juvenile in violation of section 709.16,
25subsection 2, child endangerment in violation of section 726.6,
26or sexual exploitation of a minor in violation of section
27728.12, which occurred when the injured party was a minor may
28be brought at any time.
292. a. Notwithstanding subsection 1, every claim or cause
30of action brought against any party alleging intentional
31or negligent acts or omissions by a person for physical,
32psychological, or other injury or condition suffered as a
33result of conduct which would constitute sexual abuse as
34defined in section 709.1, by a counselor, therapist, or school
35employee as defined in section 709.15, or as a result of sexual
-3-1exploitation by a counselor, therapist, or school, which
2is barred as of the effective date of this Act because the
3applicable period of limitation has expired or the plaintiff
4previously failed to file a petition, is hereby revived, and
5action thereon may be commenced not earlier than six months
6after, and not later than two years and six months after, the
7effective date of this Act.
8b. Dismissal of a previous action, ordered before the
9effective date of this Act, on grounds that such previous
10action was time-barred, or of failure of a party to file a
11petition, shall not be grounds for dismissal of a revival
12action pursuant to this section.
13 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
14immediate importance, takes effect upon enactment.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill modifies the periods of time to bring civil actions
19relating to young persons and persons with mental illness and
20entitles certain cases to a preference in trial order.
21Under current Code section 614.1(12), a civil action for
22damages for injury suffered as result of sexual abuse, as
23defined in Code section 709.1, or sexual exploitation, by a
24counselor, therapist, or school employee, each as defined in
25Code section 709.15, can only be brought within five years
26after the date that the victim was either last treated by
27the counselor or therapist or last enrolled in or attended
28the school. The bill amends the current law by making a
29distinction between victims that are minors at the time of
30abuse and victims that are 18 years of age or older at the time
31of abuse. The bill does not change the statute of limitations
32for victims that are 18 years of age or older at the time of
33abuse. For victims that are minors at the time of abuse, the
34bill provides that victims may bring an action at any time, but
35that a claim that arises prior to the effective date of the
-4-1bill must be brought not earlier than six months after, and
2not later than two years and six months after, the effective
3date of the bill. If an action was previously dismissed before
4the effective date of the bill on the grounds that it was
5time-barred or because the party failed to file a petition, the
6party shall have a right to file a revival action.
7Under current Code section 614.8, the applicable limitations
8period in which to bring certain civil actions is extended for
9persons with mental illness and minors. Under current Code
10section 670.2, a municipality is subject to liability for the
11municipality’s torts and those of the municipality’s officers
12and employees, acting within the scope of such officers’
13and employees’ employment or duties. Under current Code
14section 670.5, an action for damages for an injury against a
15municipality cannot be brought after two years of the alleged
16injury, except as provided in Code section 614.8.
17The bill amends Code section 614.8 to specify that the
18extension of the limitations period for persons with mental
19illness and for minors applies to claims brought pursuant to
20Code chapter 670, which chapter is already referenced at the
21beginning of the sentences extending the limitations period.
22The amendment to Code section 614.8A in the bill extends
23the time for filing a civil action relating to sexual abuse
24which occurred when the injured person was a minor from one
25year after the attainment of majority or within four years
26from the time of discovery of both the injury and the causal
27relationship between the injury and the sexual abuse to any
28time. The amendment also provides for the filing of civil
29actions for injuries incurred from other sexual offenses. The
30bill provides that a claim related to such offenses that arises
31prior to the effective date of the bill shall be brought not
32earlier than six months after, and not later than two years and
33six months after, the effective date of the bill. If an action
34was previously dismissed before the effective date of the bill
35on the grounds that it was time-barred or because the party
-5-1failed to file a petition, the party shall have a right to file
2a revival action.
3The bill provides that the district court shall try civil
4cases in the order in which cases are initiated by the filing
5of a petition, but entitles cases to preference if the cases
6have been revived pursuant to Code section 614.1(12)(b) or Code
7section 615.8A(2) or actions in which the interests of justice,
8as determined by the supreme court, will be served by early
9trial. The bill provides that the court shall adopt rules to
10implement this provision of the bill. The bill provides that
11if a party intends to invoke this preference, the party must
12notice the motion for preference with the petition by the party
13serving the petition or 10 days after such service by any other
14party.
15The bill takes effect upon enactment.
-6-as/jh