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Senate File 2109 - IntroducedA Bill ForAn Act 1modifying the periods of time to bring civil and
2criminal actions relating to the sexual abuse of minors.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.8, subsection 2, Code 2014, is
2amended to read as follows:
32. Except as provided in section 614.1, subsection 9, or
4section 614.8A, the times limited for actions in this chapter,
5or chapter 216, 669, or 670, except those brought for penalties
6and forfeitures, are extended in favor of minors, so that they
7shall have one year from and after attainment of majority
8within which to file a complaint pursuant to chapter 216, to
9make a claim pursuant to chapter 669, or to otherwise commence
10an action.
11 Sec. 2. Section 614.8A, Code 2014, is amended to read as
12follows:
13614.8A Damages Commencement of action for minor or child
14sexual abuse —— time limitation.
151. Notwithstanding section 614.8, subsection 2, and the
16times limited for actions in this chapter, the time to file an
17action relating to sexual abuse which occurred when the injured
18person was a minor, is extended twenty-five years beyond the
19minor’s attainment of eighteen years of age.
202. An In addition to the extension of time provided in
21subsection 1, an action for damages for injury suffered as
22a result of sexual abuse which occurred when the injured
23person was a child, but not discovered until after the injured
24person is of the age of majority, shall be brought within four
25 twenty-five years from the time of discovery by the injured
26party of both the injury and the causal relationship between
27the injury and the sexual abuse.
28 Sec. 3. Section 802.2, subsection 1, Code 2014, is amended
29to read as follows:
301. An information or indictment for sexual abuse in the
31first, second, or third degree committed on or with a person
32who is under the age of eighteen years shall be found within
33ten twenty-five years after the person upon whom the offense
34is committed attains eighteen years of age, or if the person
35against whom the information or indictment is sought is
-1-1identified through the use of a DNA profile, an information or
2indictment shall be found within three years from the date the
3person is identified by the person’s DNA profile, whichever is
4later.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill modifies the periods of time to bring civil and
9criminal actions relating to the sexual abuse of minors.
10Under the bill, the time for filing a civil action relating
11to sexual abuse which occurred when the injured person was
12a minor is extended from one year after the attainment of
13majority to 25 years after the attainment of majority.
14The bill also provides that a civil action for damages
15relating to sexual abuse which occurred when the injured party
16was a child under 14 years of age, shall be brought within
1725 years from the time of the discovery of both the injury
18and the causal relationship between the injury and the sexual
19abuse. Current law specifies such an action shall be brought
20within four years from the time of discovery of both the injury
21and the causal relationship between the injury and the sexual
22abuse.
23The bill also specifies that a criminal information
24or indictment for sexual abuse in the first, second, or
25third degree committed on or with a person under the age of
2618 shall be found within 25 years of the sexually abused
27person attaining 18 years of age. Current law specifies the
28indictment or information for such sexual abuse be found within
2910 years of the sexually abused person attaining 18 years of
30age.
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2criminal actions relating to the sexual abuse of minors.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.8, subsection 2, Code 2014, is
2amended to read as follows:
32. Except as provided in section 614.1, subsection 9, or
4section 614.8A, the times limited for actions in this chapter,
5or chapter 216, 669, or 670, except those brought for penalties
6and forfeitures, are extended in favor of minors, so that they
7shall have one year from and after attainment of majority
8within which to file a complaint pursuant to chapter 216, to
9make a claim pursuant to chapter 669, or to otherwise commence
10an action.
11 Sec. 2. Section 614.8A, Code 2014, is amended to read as
12follows:
13614.8A Damages Commencement of action for minor or child
14sexual abuse —— time limitation.
151. Notwithstanding section 614.8, subsection 2, and the
16times limited for actions in this chapter, the time to file an
17action relating to sexual abuse which occurred when the injured
18person was a minor, is extended twenty-five years beyond the
19minor’s attainment of eighteen years of age.
202. An In addition to the extension of time provided in
21subsection 1, an action for damages for injury suffered as
22a result of sexual abuse which occurred when the injured
23person was a child, but not discovered until after the injured
24person is of the age of majority, shall be brought within four
25 twenty-five years from the time of discovery by the injured
26party of both the injury and the causal relationship between
27the injury and the sexual abuse.
28 Sec. 3. Section 802.2, subsection 1, Code 2014, is amended
29to read as follows:
301. An information or indictment for sexual abuse in the
31first, second, or third degree committed on or with a person
32who is under the age of eighteen years shall be found within
33ten twenty-five years after the person upon whom the offense
34is committed attains eighteen years of age, or if the person
35against whom the information or indictment is sought is
-1-1identified through the use of a DNA profile, an information or
2indictment shall be found within three years from the date the
3person is identified by the person’s DNA profile, whichever is
4later.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill modifies the periods of time to bring civil and
9criminal actions relating to the sexual abuse of minors.
10Under the bill, the time for filing a civil action relating
11to sexual abuse which occurred when the injured person was
12a minor is extended from one year after the attainment of
13majority to 25 years after the attainment of majority.
14The bill also provides that a civil action for damages
15relating to sexual abuse which occurred when the injured party
16was a child under 14 years of age, shall be brought within
1725 years from the time of the discovery of both the injury
18and the causal relationship between the injury and the sexual
19abuse. Current law specifies such an action shall be brought
20within four years from the time of discovery of both the injury
21and the causal relationship between the injury and the sexual
22abuse.
23The bill also specifies that a criminal information
24or indictment for sexual abuse in the first, second, or
25third degree committed on or with a person under the age of
2618 shall be found within 25 years of the sexually abused
27person attaining 18 years of age. Current law specifies the
28indictment or information for such sexual abuse be found within
2910 years of the sexually abused person attaining 18 years of
30age.
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