Bill Text: IA SF2233 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act modifying the periods of time to bring civil actions by victims of sexual abuse, human trafficking, or sexual exploitation.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2024-02-07 - Subcommittee: Schultz, Webster, and Weiner. S.J. 239. [SF2233 Detail]
Download: Iowa-2023-SF2233-Introduced.html
Senate
File
2233
-
Introduced
SENATE
FILE
2233
BY
PETERSEN
,
BOULTON
,
BISIGNANO
,
DOTZLER
,
KNOX
,
CELSI
,
WINCKLER
,
GIDDENS
,
JOCHUM
,
WEINER
,
TRONE
GARRIOTT
,
BENNETT
,
WAHLS
,
T.
TAYLOR
,
DONAHUE
,
and
QUIRMBACH
A
BILL
FOR
An
Act
modifying
the
periods
of
time
to
bring
civil
actions
1
by
victims
of
sexual
abuse,
human
trafficking,
or
sexual
2
exploitation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
LEGISLATIVE
FINDINGS.
1
1.
The
general
assembly
finds
that
current
laws
restricting
2
the
time
period
on
bringing
actions
involving
sexual
abuse
3
limit
victims’
justice.
4
2.
The
general
assembly
further
finds
that
victims
deserve
5
the
space
and
time
to
bring
their
cases
when
they
are
mentally
6
and
emotionally
able.
7
3.
The
general
assembly
further
finds
that
current
laws
are
8
being
used
to
reduce
agreed
on
damages
by
organizations
which
9
admit
abuse
took
place.
10
4.
The
general
assembly
further
finds
that
Iowa
will
no
11
longer
aid
in
these
organizations’
attempts
to
silence
victims,
12
delay
justice,
or
downplay
damage.
13
5.
The
general
assembly
further
finds
that
in
the
boy
scouts
14
of
America
bankruptcy
case,
the
boy
scouts
of
America
admitted
15
to
negligence
and
agreed
that
more
than
sixty
thousand
victims
16
deserved
damage
awards,
and
that
current
Iowa
law
reduces
17
victims’
settlements
to
thirty
to
forty
percent
of
damages
18
awarded
to
Iowa
victims.
19
6.
The
general
assembly
further
finds
that
abolition
of
20
current
statute
of
limitation
laws
for
child
sex
abuse
and
21
creation
of
a
revival
window
would
allow
victims
to
qualify
for
22
one
hundred
percent
of
damages
awarded.
23
7.
The
general
assembly
further
finds
that
Iowa
has
one
year
24
from
the
effective
date
of
the
bankruptcy
trust
to
pass
this
25
legislation,
and
that
deadline
is
in
April
2024.
26
8.
The
general
assembly
further
finds
that
relief
is
27
urgently
needed.
28
Sec.
2.
Section
614.1,
Code
2024,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
11A.
Sexual
abuse,
human
trafficking,
and
31
sexual
exploitation
of
a
minor.
No
time
limitation
shall
apply
32
to
an
action
brought
for
damages
for
an
injury
suffered
as
33
a
result
of
sexual
abuse
as
defined
in
section
709.1,
sexual
34
abuse
in
the
first
degree
in
violation
of
section
709.2,
sexual
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abuse
in
the
second
degree
in
violation
of
section
709.3,
1
sexual
abuse
in
the
third
degree
in
violation
of
section
709.4,
2
sexual
exploitation
by
a
counselor,
therapist,
school
employee,
3
or
adult
providing
training
or
instruction
in
violation
of
4
section
709.15,
human
trafficking
in
violation
of
section
5
710A.2,
and
sexual
exploitation
of
a
minor
in
violation
of
6
section
728.12.
This
subsection
shall
apply
regardless
of
the
7
theory
of
liability
in
the
civil
action,
including
against
8
civil
defendants
who
were
not
liable
in
the
related
criminal
9
action,
if
any.
10
Sec.
3.
Section
614.1,
subsection
12,
Code
2024,
is
amended
11
to
read
as
follows:
12
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
13
therapist,
school
employee,
or
adult
providing
training
or
14
instruction.
An
action
for
damages
for
injury
suffered
as
15
a
result
of
sexual
abuse,
as
defined
in
section
709.1
,
by
a
16
counselor,
therapist,
school
employee,
or
adult
providing
17
training
or
instruction,
as
defined
in
section
709.15
,
or
as
a
18
result
of
sexual
exploitation
by
a
counselor,
therapist,
school
19
employee,
or
adult
providing
training
or
instruction
as
defined
20
in
section
709.15,
shall
be
brought
within
five
years
of
the
21
date
the
victim
was
last
treated
by
the
counselor
or
therapist,
22
or
within
five
years
of
the
date
the
victim
was
last
enrolled
23
in
or
attended
the
school.
24
Sec.
4.
Section
669.13,
subsection
1,
Code
2024,
is
amended
25
to
read
as
follows:
26
1.
Except
as
provided
in
section
614.1,
subsections
11A
27
and
12,
and
section
614.8,
a
claim
or
suit
otherwise
permitted
28
under
this
chapter
shall
be
forever
barred,
unless
within
two
29
years
after
the
claim
accrued,
the
claim
is
made
in
writing
and
30
filed
with
the
director
of
the
department
of
management
under
31
this
chapter
.
The
time
to
begin
a
suit
under
this
chapter
32
shall
be
extended
for
a
period
of
six
months
from
the
date
33
of
mailing
of
notice
to
the
claimant
by
the
attorney
general
34
as
to
the
final
disposition
of
the
claim
or
from
the
date
of
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withdrawal
of
the
claim
under
section
669.5
,
if
the
time
to
1
begin
suit
would
otherwise
expire
before
the
end
of
the
period.
2
Sec.
5.
Section
670.5,
unnumbered
paragraph
1,
Code
2024,
3
is
amended
to
read
as
follows:
4
Except
as
provided
in
section
614.1,
subsections
11A
5
and
12,
and
section
614.8,
a
person
who
claims
damages
from
6
any
municipality
or
any
officer,
employee
or
agent
of
a
7
municipality
for
or
on
account
of
any
wrongful
death,
loss,
or
8
injury
within
the
scope
of
section
670.2
or
section
670.8
or
9
under
common
law
shall
commence
an
action
therefor
within
two
10
years
after
the
alleged
wrongful
death,
loss,
or
injury.
11
Sec.
6.
REPEAL.
Section
614.8A,
Code
2024,
is
repealed.
12
Sec.
7.
REVIVAL.
13
1.
Every
claim
or
cause
of
action
brought
against
any
party
14
alleging
intentional
or
negligent
acts
or
omissions
by
a
person
15
for
physical,
psychological,
or
other
injury
or
condition
16
suffered
as
a
result
of
conduct
which
would
constitute
sexual
17
abuse
as
defined
in
section
709.1,
which
is
barred
as
of
the
18
effective
date
of
this
Act
because
the
applicable
period
of
19
limitation
has
expired
or
the
plaintiff
previously
failed
to
20
file
a
petition,
is
hereby
revived.
21
2.
Dismissal
of
such
a
previous
action,
ordered
before
the
22
effective
date
of
this
Act,
on
grounds
that
the
action
was
23
time-barred,
or
for
failure
of
a
party
to
file
a
petition,
24
shall
not
be
grounds
for
dismissal
of
a
revival
action
pursuant
25
to
this
section.
26
Sec.
8.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
27
importance,
takes
effect
upon
enactment.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
provides
that
there
is
no
time
limitation
to
bring
32
civil
actions
relating
to
sexual
abuse,
human
trafficking,
or
33
exploitation
of
a
minor
regardless
of
the
theory
of
liability
34
in
the
action.
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The
bill
provides
findings,
including
that
current
laws
1
restricting
the
time
period
on
bringing
actions
involving
2
sexual
abuse
limit
victims’
justice
and
that
victims
deserve
3
the
space
and
time
to
bring
their
cases
when
they
are
mentally
4
and
emotionally
able;
that
Iowa’s
laws
are
being
used
to
reduce
5
agreed
on
damages
by
organizations
which
admit
abuse
took
6
place
and
that
Iowa
will
no
longer
aid
in
these
organizations’
7
attempts
to
silence
victims,
delay
justice,
or
downplay
damage;
8
that
the
boy
scouts
of
America
bankruptcy
case
is
an
example
of
9
how
current
laws
are
limiting
victims’
rights;
that
abolition
10
of
current
statute
of
limitation
laws
for
child
sex
abuse
and
11
creation
of
a
revival
window
would
allow
victims
to
qualify
12
for
100
percent
of
damages
awarded;
and
that
Iowa
has
one
year
13
from
the
effective
date
of
the
bankruptcy
trust
to
pass
this
14
legislation,
that
deadline
is
in
April
2024,
and
that
relief
15
is
urgently
needed.
16
Under
current
Code
section
614.1(12),
a
civil
action
for
17
damages
for
injury
suffered
as
result
of
sexual
abuse
or
sexual
18
exploitation
by
a
counselor,
therapist,
school
employee,
or
19
adult
providing
training
or
instruction
can
only
be
brought
20
within
five
years
after
the
date
that
the
victim
was
either
21
last
treated
by
the
counselor
or
therapist
or
last
enrolled
in
22
or
attended
the
school.
Current
Code
section
614.8A
provides
a
23
four-year
limitation
for
civil
actions
of
sexual
abuse
against
24
a
child
not
discovered
until
after
the
injured
person
is
of
the
25
age
of
majority.
These
provisions
are
stricken
or
repealed
to
26
the
extent
they
are
duplicative
or
inconsistent
with
the
bill.
27
If
an
action
was
previously
dismissed
before
the
effective
date
28
of
the
bill
on
the
grounds
that
it
was
time-barred
or
because
29
the
party
failed
to
file
a
petition,
the
bill
provides
the
30
party
the
right
to
file
a
revival
action.
31
The
bill
also
provides
that
state
tort
claims
and
32
tort
liability
of
governmental
subdivisions
statutes
of
33
limitations
do
not
apply
to
sexual
abuse,
human
trafficking,
or
34
exploitation
of
a
minor
actions.
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