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Senate Study Bill 3197 - IntroducedA Bill ForAn Act 1relating to the periods of time to bring civil actions
2for injuries that result from sex offenses against minors
3for the purpose of filing claims against the bankruptcy
4estate of a congressionally chartered organization, and
5including effective date and retroactive applicability
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. CHILD SEXUAL ABUSE CIVIL ACTIONS AGAINST A
2BANKRUPTCY ESTATE OF A CONGRESSIONALLY CHARTERED ORGANIZATION
3— EXCEPTION TO TIME LIMITATION.
41. Notwithstanding section 614.8A, if an individual
5entitled to commence any of the actions enumerated in chapter
6614 was a child at the time the right accrued, an action
7for injury may be commenced by or on behalf of the injured
8individual at any time, notwithstanding any then applicable
9statute of limitation, if all of the following are true:
10a. The injury upon which the action is based arises from a
11sex offense enumerated in section 692A.102.
12b. The action is barred due to the expiration of the statute
13of limitations period described in section 614.8A.
14c. The action is for purposes of making a claim in a
15bankruptcy proceeding that was initiated on February 18, 2020.
16d. The claim is against the bankruptcy estate of a
17congressionally chartered organization.
182. An action brought under subsection 1 may only be
19commenced against an entity seeking bankruptcy protection as
20provided in subsection 1 and not against any other person or
21entity.
22 Sec. 2. FUTURE REPEAL. This Act is repealed December 31,
232026.
24 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
25importance, takes effect upon enactment.
26 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies
27retroactively to injuries resulting from sex offenses that
28occurred prior to the effective date of this Act, irrespective
29of any statute of limitation in effect at the time the offense
30occurred.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill creates an exception to the statute of limitations
35for civil actions for injuries resulting from sex offenses
-1-1against minors, provided that the action is for purposes
2of making a claim against the bankruptcy estate of a
3congressionally chartered organization and the bankruptcy
4proceedings were initiated on February 18, 2020.
5Under current law, a civil action based on an injury as a
6result of sexual abuse which occurred when the injured person
7was child, but not discovered until after the injured person is
8of the age of majority, must be brought within four years from
9the time of discovery by the injured party of both the injury
10and the causal relationship between the injury and the sexual
11abuse.
12The bill is effective upon enactment and applies
13retroactively to injuries resulting from sex offenses that
14occurred prior to the effective date of the bill. The bill is
15repealed on December 31, 2026.
-2-cm/jh
2for injuries that result from sex offenses against minors
3for the purpose of filing claims against the bankruptcy
4estate of a congressionally chartered organization, and
5including effective date and retroactive applicability
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. CHILD SEXUAL ABUSE CIVIL ACTIONS AGAINST A
2BANKRUPTCY ESTATE OF A CONGRESSIONALLY CHARTERED ORGANIZATION
3— EXCEPTION TO TIME LIMITATION.
41. Notwithstanding section 614.8A, if an individual
5entitled to commence any of the actions enumerated in chapter
6614 was a child at the time the right accrued, an action
7for injury may be commenced by or on behalf of the injured
8individual at any time, notwithstanding any then applicable
9statute of limitation, if all of the following are true:
10a. The injury upon which the action is based arises from a
11sex offense enumerated in section 692A.102.
12b. The action is barred due to the expiration of the statute
13of limitations period described in section 614.8A.
14c. The action is for purposes of making a claim in a
15bankruptcy proceeding that was initiated on February 18, 2020.
16d. The claim is against the bankruptcy estate of a
17congressionally chartered organization.
182. An action brought under subsection 1 may only be
19commenced against an entity seeking bankruptcy protection as
20provided in subsection 1 and not against any other person or
21entity.
22 Sec. 2. FUTURE REPEAL. This Act is repealed December 31,
232026.
24 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
25importance, takes effect upon enactment.
26 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies
27retroactively to injuries resulting from sex offenses that
28occurred prior to the effective date of this Act, irrespective
29of any statute of limitation in effect at the time the offense
30occurred.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill creates an exception to the statute of limitations
35for civil actions for injuries resulting from sex offenses
-1-1against minors, provided that the action is for purposes
2of making a claim against the bankruptcy estate of a
3congressionally chartered organization and the bankruptcy
4proceedings were initiated on February 18, 2020.
5Under current law, a civil action based on an injury as a
6result of sexual abuse which occurred when the injured person
7was child, but not discovered until after the injured person is
8of the age of majority, must be brought within four years from
9the time of discovery by the injured party of both the injury
10and the causal relationship between the injury and the sexual
11abuse.
12The bill is effective upon enactment and applies
13retroactively to injuries resulting from sex offenses that
14occurred prior to the effective date of the bill. The bill is
15repealed on December 31, 2026.
-2-cm/jh