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Senate File 2431 - 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 614.8, subsection 2, and section
5614.8A, if an individual entitled to commence any of the
6actions enumerated in chapter 614 was a child at the time the
7right accrued, an action for injury may be commenced by or on
8behalf of the injured individual at any time, notwithstanding
9any then applicable statute of limitation, if all of the
10following are true:
11a. The injury upon which the action is based arises from
12a sex offense enumerated in section 692A.102, regardless of
13whether a criminal complaint was filed or a criminal conviction
14was obtained.
15b. The action is barred due to the expiration of the statute
16of limitations period described in section 614.8, subsection
172, and section 614.8A.
18c. The action is for purposes of making a claim in a
19bankruptcy proceeding that was initiated on February 18, 2020.
20d. The claim is against the bankruptcy estate of a
21congressionally chartered organization.
222. An action brought under subsection 1 may only be
23commenced against an entity seeking bankruptcy protection as
24provided in subsection 1 and not against any other person or
25entity.
263. For purposes of this section, “child” means any person
27under the age of eighteen years.
28 Sec. 2. FUTURE REPEAL. This Act is repealed December 31,
292026.
30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
31importance, takes effect upon enactment.
32 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies
33retroactively to injuries resulting from sex offenses that
34occurred prior to the effective date of this Act, irrespective
35of any statute of limitation in effect at the time the offense
-1-1occurred.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill creates an exception to the statute of limitations
6for civil actions for injuries resulting from sex offenses
7against children, provided that the action is for purposes
8of making a claim against the bankruptcy estate of a
9congressionally chartered organization and the bankruptcy
10proceedings were initiated on February 18, 2020. The bill
11defines the term “child” to mean a person under the age of 18
12years.
13Under current law, a civil action based on an injury as a
14result of sexual abuse which occurred when the injured person
15was child, but not discovered until after the injured person is
16of the age of majority, must be brought within four years from
17the time of discovery by the injured party of both the injury
18and the causal relationship between the injury and the sexual
19abuse. Current law also provides that the time limitations
20for civil actions limited by Code chapters 216 (the Iowa civil
21rights Act of 1965), 256A (unauthorized disclosure of intimate
22images), 614 (limitations of actions), 669 (state tort claims),
23or 670 (tort liability of governmental subdivisions) are
24extended in favor of minors by a year after the minor obtains
25the age of majority to file a claim or commence an action.
26The bill is effective upon enactment and applies
27retroactively to injuries resulting from sex offenses that
28occurred prior to the effective date of the bill. The bill is
29repealed 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 614.8, subsection 2, and section
5614.8A, if an individual entitled to commence any of the
6actions enumerated in chapter 614 was a child at the time the
7right accrued, an action for injury may be commenced by or on
8behalf of the injured individual at any time, notwithstanding
9any then applicable statute of limitation, if all of the
10following are true:
11a. The injury upon which the action is based arises from
12a sex offense enumerated in section 692A.102, regardless of
13whether a criminal complaint was filed or a criminal conviction
14was obtained.
15b. The action is barred due to the expiration of the statute
16of limitations period described in section 614.8, subsection
172, and section 614.8A.
18c. The action is for purposes of making a claim in a
19bankruptcy proceeding that was initiated on February 18, 2020.
20d. The claim is against the bankruptcy estate of a
21congressionally chartered organization.
222. An action brought under subsection 1 may only be
23commenced against an entity seeking bankruptcy protection as
24provided in subsection 1 and not against any other person or
25entity.
263. For purposes of this section, “child” means any person
27under the age of eighteen years.
28 Sec. 2. FUTURE REPEAL. This Act is repealed December 31,
292026.
30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
31importance, takes effect upon enactment.
32 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies
33retroactively to injuries resulting from sex offenses that
34occurred prior to the effective date of this Act, irrespective
35of any statute of limitation in effect at the time the offense
-1-1occurred.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill creates an exception to the statute of limitations
6for civil actions for injuries resulting from sex offenses
7against children, provided that the action is for purposes
8of making a claim against the bankruptcy estate of a
9congressionally chartered organization and the bankruptcy
10proceedings were initiated on February 18, 2020. The bill
11defines the term “child” to mean a person under the age of 18
12years.
13Under current law, a civil action based on an injury as a
14result of sexual abuse which occurred when the injured person
15was child, but not discovered until after the injured person is
16of the age of majority, must be brought within four years from
17the time of discovery by the injured party of both the injury
18and the causal relationship between the injury and the sexual
19abuse. Current law also provides that the time limitations
20for civil actions limited by Code chapters 216 (the Iowa civil
21rights Act of 1965), 256A (unauthorized disclosure of intimate
22images), 614 (limitations of actions), 669 (state tort claims),
23or 670 (tort liability of governmental subdivisions) are
24extended in favor of minors by a year after the minor obtains
25the age of majority to file a claim or commence an action.
26The bill is effective upon enactment and applies
27retroactively to injuries resulting from sex offenses that
28occurred prior to the effective date of the bill. The bill is
29repealed on December 31, 2026.
-2-cm/jh