Bill Text: IA SF189 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act modifying the periods of time to bring certain civil actions, including by victims of sexual abuse, minors, and persons with mental illness, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-11 - Subcommittee: Sinclair, Garrett, and Petersen. S.J. 272. [SF189 Detail]
Download: Iowa-2019-SF189-Introduced.html
Senate
File
189
-
Introduced
SENATE
FILE
189
BY
PETERSEN
A
BILL
FOR
An
Act
modifying
the
periods
of
time
to
bring
certain
civil
1
actions,
including
by
victims
of
sexual
abuse,
minors,
and
2
persons
with
mental
illness,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
614.1,
subsection
12,
Code
2019,
is
1
amended
to
read
as
follows:
2
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
3
therapist,
or
school
employee.
4
a.
(1)
An
If
the
victim
was
eighteen
years
of
age
or
older,
5
an
action
for
damages
for
injury
suffered
as
a
result
of
sexual
6
abuse,
as
defined
in
section
709.1
,
by
a
counselor,
therapist,
7
or
school
employee,
as
defined
in
section
709.15
,
or
as
a
8
result
of
sexual
exploitation
by
a
counselor,
therapist,
or
9
school
employee
shall
be
brought
within
five
years
of
the
date
10
the
victim
was
last
treated
by
the
counselor
or
therapist,
or
11
within
five
years
of
the
date
the
victim
was
last
enrolled
in
12
or
attended
the
school.
13
(2)
If
the
victim
was
a
minor,
an
action
for
damages
for
14
injury
suffered
as
a
result
of
sexual
abuse,
as
defined
in
15
section
709.1,
by
a
counselor,
therapist,
or
school
employee,
16
as
defined
in
section
709.15,
or
as
a
result
of
sexual
17
exploitation
by
a
counselor,
therapist,
or
school
employee
may
18
be
brought
at
any
time.
19
b.
Notwithstanding
paragraph
“a”
,
subparagraph
(2),
a
claim
20
that
arises
prior
to
the
effective
date
of
this
Act
shall
be
21
brought
within
five
years
of
the
effective
date
of
this
Act.
22
Sec.
2.
Section
614.8,
Code
2019,
is
amended
to
read
as
23
follows:
24
614.8
Minors
and
persons
with
mental
illness.
25
1.
The
Except
as
provided
in
section
614.1,
subsection
26
12,
or
section
614.8A,
the
times
limited
for
actions
in
this
27
chapter
,
or
for
complaints
or
claims
in
chapter
216
,
669
,
or
28
670
,
except
those
brought
for
penalties
and
forfeitures,
are
29
extended
in
favor
of
persons
with
mental
illness,
so
that
they
30
shall
have
one
year
from
and
after
the
termination
of
the
31
disability
within
which
to
file
a
complaint
pursuant
to
chapter
32
216
,
to
make
a
claim
pursuant
to
chapter
669
or
670
,
or
to
33
otherwise
commence
an
action.
34
2.
Except
as
provided
in
section
614.1,
subsection
9
or
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12,
or
section
614.8A
,
the
times
limited
for
actions
in
this
1
chapter
,
or
for
complaints
or
claims
in
chapter
216
,
669
,
or
2
670
,
except
those
brought
for
penalties
and
forfeitures,
are
3
extended
in
favor
of
minors,
so
that
they
shall
have
one
year
4
from
and
after
attainment
of
majority
within
which
to
file
a
5
complaint
pursuant
to
chapter
216
,
to
make
a
claim
pursuant
to
6
chapter
669
,
or
to
otherwise
commence
an
action.
7
Sec.
3.
Section
614.8A,
Code
2019,
is
amended
to
read
as
8
follows:
9
614.8A
Damages
Commencement
of
action
for
minor
or
child
10
sexual
abuse
and
other
sexual
offenses
——
no
time
limitation.
11
1.
An
action
for
damages
for
injury
suffered
as
a
result
12
of
sexual
abuse
which
occurred
when
the
injured
person
was
a
13
child,
but
not
discovered
until
after
the
injured
person
is
of
14
the
age
of
majority,
shall
be
brought
within
four
years
from
15
the
time
of
discovery
by
the
injured
party
of
both
the
injury
16
and
the
causal
relationship
between
the
injury
and
the
sexual
17
abuse.
Notwithstanding
the
times
limited
for
actions
in
this
18
chapter,
an
action
relating
to
injuries
suffered
as
a
result
of
19
sexual
abuse
as
defined
in
section
802.2,
and
injuries
suffered
20
as
a
result
of
other
sexual
offenses
including
lascivious
acts
21
with
a
child
in
violation
of
section
709.8,
assault
with
intent
22
to
commit
sexual
abuse
in
violation
of
section
709.11,
indecent
23
contact
with
a
child
in
violation
of
section
709.12,
lascivious
24
conduct
with
a
minor
in
violation
of
section
709.14,
sexual
25
misconduct
with
a
juvenile
in
violation
of
section
709.16,
26
subsection
2,
child
endangerment
in
violation
of
section
726.6,
27
or
sexual
exploitation
of
a
minor
in
violation
of
section
28
728.12,
which
occurred
when
the
injured
party
was
a
minor
may
29
be
brought
at
any
time.
30
2.
Notwithstanding
subsection
1,
a
claim
that
arises
prior
31
to
the
effective
date
of
this
Act
shall
be
brought
within
five
32
years
of
the
effective
date
of
this
Act.
33
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
34
immediate
importance,
takes
effect
upon
enactment.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
modifies
the
periods
of
time
to
bring
civil
actions
4
relating
to
young
persons
and
persons
with
mental
illness.
5
Under
current
Code
section
614.1(12),
a
civil
action
for
6
damages
for
injury
suffered
as
result
of
sexual
abuse,
as
7
defined
in
Code
section
709.1,
or
sexual
exploitation,
by
a
8
counselor,
therapist,
or
school
employee,
each
as
defined
in
9
Code
section
709.15,
can
only
be
brought
within
five
years
10
after
the
date
that
the
victim
was
either
last
treated
by
11
the
counselor
or
therapist
or
last
enrolled
in
or
attended
12
the
school.
The
bill
amends
the
current
law
by
making
a
13
distinction
between
victims
that
are
minors
at
the
time
of
14
abuse
and
victims
that
are
18
years
of
age
or
older
at
the
time
15
of
abuse.
The
bill
does
not
change
the
statute
of
limitations
16
for
victims
that
are
18
years
of
age
or
older
at
the
time
of
17
abuse.
For
victims
that
are
minors
at
the
time
of
abuse,
the
18
bill
provides
that
victims
may
bring
an
action
at
any
time,
but
19
that
a
claim
that
arises
prior
to
the
effective
date
of
the
20
bill
must
be
brought
within
five
years
of
the
effective
date
21
of
the
bill.
22
Under
current
Code
section
614.8,
the
applicable
limitations
23
period
in
which
to
bring
certain
civil
actions
is
extended
for
24
persons
with
mental
illness
and
minors.
Under
current
Code
25
section
670.2,
a
municipality
is
subject
to
liability
for
the
26
municipality’s
torts
and
those
of
the
municipality’s
officers
27
and
employees,
acting
within
the
scope
of
such
officers’
28
and
employees’
employment
or
duties.
Under
current
Code
29
section
670.5,
an
action
for
damages
for
an
injury
against
a
30
municipality
cannot
be
brought
after
two
years
of
the
alleged
31
injury,
except
as
provided
in
Code
section
614.8.
32
The
bill
amends
Code
section
614.8
to
specify
that
the
33
extension
of
the
limitations
period
for
persons
with
mental
34
illness
and
for
minors
applies
to
claims
brought
pursuant
to
35
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Code
chapter
670,
which
chapter
is
already
referenced
at
the
1
beginning
of
the
sentences
extending
the
limitations
period.
2
The
amendment
to
Code
section
614.8A
in
the
bill
extends
3
the
time
for
filing
a
civil
action
relating
to
sexual
abuse
4
which
occurred
when
the
injured
person
was
a
minor
from
one
5
year
after
the
attainment
of
majority
or
within
four
years
6
from
the
time
of
discovery
of
both
the
injury
and
the
causal
7
relationship
between
the
injury
and
the
sexual
abuse
to
any
8
time.
The
amendment
also
provides
for
the
filing
of
civil
9
actions
for
injuries
incurred
from
other
sexual
offenses.
The
10
bill
provides
that
a
claim
related
to
such
offenses
that
arises
11
prior
to
the
effective
date
of
the
bill
shall
be
brought
within
12
five
years
of
the
effective
date
of
the
bill.
13
The
bill
takes
effect
upon
enactment.
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