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Senate Study Bill 1017 - IntroducedA Bill ForAn Act 1relating to the statute of limitations period for
2criminal and civil actions for sexual abuse, kidnapping, and
3human trafficking.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, Code 2021, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 11A. Sexual abuse. An action for damages
4for injury suffered as a result of sexual abuse in the first
5degree as defined in section 709.2, sexual abuse in the second
6degree as defined in section 709.3, or sexual abuse in the
7third degree as defined in section 709.4 may be commenced at
8any time after the commission of the offense.
9 NEW SUBSECTION. 12A. Kidnapping and human trafficking. An
10action for damages for injury suffered as a result of
11kidnapping as defined in section 710.1 or human trafficking as
12defined in section 710A.2 may be commenced at any time after
13the commission of the offense.
14 Sec. 2. Section 614.8A, Code 2021, is amended to read as
15follows:
16614.8A Damages for child sexual abuse — time limitation.
171. An action for damages for injury suffered as a result of
18sexual abuse, except for sexual abuse in the first degree as
19defined in section 709.2, sexual abuse in the second degree as
20defined in section 709.3, or sexual abuse in the third degree
21as defined in section 709.4, which occurred when the injured
22person was a child, but not discovered until after the injured
23person is of the age of majority, shall be brought within four
24years from the time of discovery by the injured party of both
25the injury and the causal relationship between the injury and
26the sexual abuse.
272. An action for damages for injury suffered as a result of
28sexual abuse in the first degree as defined in section 709.2,
29sexual abuse in the second degree as defined in section 709.3,
30or sexual abuse in the third degree as defined in section
31709.4 may be commenced at any time after the commission of the
32offense.
33 Sec. 3. Section 802.2, Code 2021, is amended to read as
34follows:
35802.2 Sexual abuse — first, second, or third degree.
-1- 11. An information or indictment for sexual abuse in the
2first, second, or third degree committed on or with a person
3who is under the age of eighteen years shall be found within
4fifteen years after the person upon whom the offense is
5committed attains eighteen years of age, or if the person
6against whom the information or indictment is sought is
7identified through the use of a DNA profile, an information or
8indictment shall be found within three years from the date the
9person is identified by the person’s DNA profile, whichever is
10later may be commenced at any time after the commission of the
11offense.
122. An information or indictment for any other sexual abuse
13in the first, second, or third degree shall be found within ten
14years after its commission, or if the person against whom the
15information or indictment is sought is identified through the
16use of a DNA profile, an information or indictment shall be
17found within three years from the date the person is identified
18by the person’s DNA profile, whichever is later.
193. As used in this section, “identified” means a person’s
20legal name is known and the person has been determined to be
21the source of the DNA.
22 Sec. 4. Section 802.2C, Code 2021, is amended to read as
23follows:
24802.2C Kidnapping.
25An information or indictment for kidnapping in the first,
26second, or third degree committed on or with a person who is
27under the age of eighteen years shall be found within ten
28years after the person upon whom the offense is committed
29attains eighteen years of age, or if the person against whom
30the information or indictment is sought is identified through
31the use of a DNA profile, an information or indictment shall
32be found within three years from the date the person is
33identified by the person’s DNA profile, whichever is later may
34be commenced at any time after the commission of the offense.
35 Sec. 5. Section 802.2D, Code 2021, is amended to read as
-2-1follows:
2802.2D Human trafficking.
3An information or indictment for human trafficking in
4violation of section 710A.2, committed on or with a person
5who is under the age of eighteen years shall be found within
6ten years after the person upon whom the offense is committed
7attains eighteen years of age, or if the person against whom
8the information or indictment is sought is identified through
9the use of a DNA profile, an information or indictment shall
10be found within three years from the date the person is
11identified by the person’s DNA profile, whichever is later may
12be commenced at any time after the commission of the offense.
13 Sec. 6. Section 802.10, subsection 1, paragraph b, Code
142021, is amended to read as follows:
15b. “Identified” means the same as defined in section 802.2 a
16person’s legal name is known and the person has been determined
17to be the source of the DNA.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the statute of limitations period for
22criminal and civil actions for sexual abuse in the first,
23second, or third degree; kidnapping; and human trafficking.
24Under current law, in sexual abuse, kidnapping, and human
25trafficking cases, an injured person must bring a civil action
26for injuries suffered or an indictment or information must be
27filed within certain statutory time periods dependent upon
28certain circumstances including a victim’s age and whether an
29offender was identified through the use of a DNA profile.
30The bill allows an information or indictment in a criminal
31case, or a civil action for damages, for sexual abuse in
32the first, second, or third degree; kidnapping; or human
33trafficking, to commence at any time after the commission of
34the offense. The bill provides that a civil action for sexual
35abuse offenses, other than sexual abuse in the first, second,
-3-1or third degree, which occurred when the injured person was a
2child, but not discovered until after the injured person is
3the age of majority, shall be brought within four years from
4the time of discovery by the injured party of both the injury
5and the causal relationship between the injury and the sexual
6abuse.
7The bill makes a conforming Code change to Code section
8802.10 (DNA profile of accused).
-4-as/rh
2criminal and civil actions for sexual abuse, kidnapping, and
3human trafficking.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, Code 2021, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 11A. Sexual abuse. An action for damages
4for injury suffered as a result of sexual abuse in the first
5degree as defined in section 709.2, sexual abuse in the second
6degree as defined in section 709.3, or sexual abuse in the
7third degree as defined in section 709.4 may be commenced at
8any time after the commission of the offense.
9 NEW SUBSECTION. 12A. Kidnapping and human trafficking. An
10action for damages for injury suffered as a result of
11kidnapping as defined in section 710.1 or human trafficking as
12defined in section 710A.2 may be commenced at any time after
13the commission of the offense.
14 Sec. 2. Section 614.8A, Code 2021, is amended to read as
15follows:
16614.8A Damages for child sexual abuse — time limitation.
171. An action for damages for injury suffered as a result of
18sexual abuse, except for sexual abuse in the first degree as
19defined in section 709.2, sexual abuse in the second degree as
20defined in section 709.3, or sexual abuse in the third degree
21as defined in section 709.4, which occurred when the injured
22person was a child, but not discovered until after the injured
23person is of the age of majority, shall be brought within four
24years from the time of discovery by the injured party of both
25the injury and the causal relationship between the injury and
26the sexual abuse.
272. An action for damages for injury suffered as a result of
28sexual abuse in the first degree as defined in section 709.2,
29sexual abuse in the second degree as defined in section 709.3,
30or sexual abuse in the third degree as defined in section
31709.4 may be commenced at any time after the commission of the
32offense.
33 Sec. 3. Section 802.2, Code 2021, is amended to read as
34follows:
35802.2 Sexual abuse — first, second, or third degree.
-1- 11. An information or indictment for sexual abuse in the
2first, second, or third degree committed on or with a person
3who is under the age of eighteen years shall be found within
4fifteen years after the person upon whom the offense is
5committed attains eighteen years of age, or if the person
6against whom the information or indictment is sought is
7identified through the use of a DNA profile, an information or
8indictment shall be found within three years from the date the
9person is identified by the person’s DNA profile, whichever is
10later may be commenced at any time after the commission of the
11offense.
122. An information or indictment for any other sexual abuse
13in the first, second, or third degree shall be found within ten
14years after its commission, or if the person against whom the
15information or indictment is sought is identified through the
16use of a DNA profile, an information or indictment shall be
17found within three years from the date the person is identified
18by the person’s DNA profile, whichever is later.
193. As used in this section, “identified” means a person’s
20legal name is known and the person has been determined to be
21the source of the DNA.
22 Sec. 4. Section 802.2C, Code 2021, is amended to read as
23follows:
24802.2C Kidnapping.
25An information or indictment for kidnapping in the first,
26second, or third degree committed on or with a person who is
27under the age of eighteen years shall be found within ten
28years after the person upon whom the offense is committed
29attains eighteen years of age, or if the person against whom
30the information or indictment is sought is identified through
31the use of a DNA profile, an information or indictment shall
32be found within three years from the date the person is
33identified by the person’s DNA profile, whichever is later may
34be commenced at any time after the commission of the offense.
35 Sec. 5. Section 802.2D, Code 2021, is amended to read as
-2-1follows:
2802.2D Human trafficking.
3An information or indictment for human trafficking in
4violation of section 710A.2, committed on or with a person
5who is under the age of eighteen years shall be found within
6ten years after the person upon whom the offense is committed
7attains eighteen years of age, or if the person against whom
8the information or indictment is sought is identified through
9the use of a DNA profile, an information or indictment shall
10be found within three years from the date the person is
11identified by the person’s DNA profile, whichever is later may
12be commenced at any time after the commission of the offense.
13 Sec. 6. Section 802.10, subsection 1, paragraph b, Code
142021, is amended to read as follows:
15b. “Identified” means the same as defined in section 802.2 a
16person’s legal name is known and the person has been determined
17to be the source of the DNA.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the statute of limitations period for
22criminal and civil actions for sexual abuse in the first,
23second, or third degree; kidnapping; and human trafficking.
24Under current law, in sexual abuse, kidnapping, and human
25trafficking cases, an injured person must bring a civil action
26for injuries suffered or an indictment or information must be
27filed within certain statutory time periods dependent upon
28certain circumstances including a victim’s age and whether an
29offender was identified through the use of a DNA profile.
30The bill allows an information or indictment in a criminal
31case, or a civil action for damages, for sexual abuse in
32the first, second, or third degree; kidnapping; or human
33trafficking, to commence at any time after the commission of
34the offense. The bill provides that a civil action for sexual
35abuse offenses, other than sexual abuse in the first, second,
-3-1or third degree, which occurred when the injured person was a
2child, but not discovered until after the injured person is
3the age of majority, shall be brought within four years from
4the time of discovery by the injured party of both the injury
5and the causal relationship between the injury and the sexual
6abuse.
7The bill makes a conforming Code change to Code section
8802.10 (DNA profile of accused).
-4-as/rh