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House
File
462
-
Introduced
HOUSE
FILE
462
BY
AMOS
JR.
,
WICHTENDAHL
,
KRESSIG
,
SRINIVAS
,
WESSEL-KROESCHELL
,
KURTH
,
B.
MEYER
,
BROWN-POWERS
,
LEVIN
,
WILBURN
,
BAGNIEWSKI
,
MADISON
,
and
BAETH
A
BILL
FOR
An
Act
modifying
the
periods
of
time
to
bring
civil
actions
1
by
victims
of
sexual
abuse
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2281YH
(4)
91
cm/jh
H.F.
462
Section
1.
Section
614.1,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
11A.
Sexual
abuse.
No
time
limitation
3
shall
apply
to
an
action
brought
for
damages
for
an
injury
4
suffered
as
a
result
of
sexual
abuse
as
defined
in
section
5
709.1.
6
Sec.
2.
Section
614.1,
subsection
12,
Code
2025,
is
amended
7
to
read
as
follows:
8
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
9
therapist,
school
employee,
or
adult
providing
training
or
10
instruction.
An
action
for
damages
for
injury
suffered
as
11
a
result
of
sexual
abuse,
as
defined
in
section
709.1
,
by
a
12
counselor,
therapist,
school
employee,
or
adult
providing
13
training
or
instruction,
as
defined
in
section
709.15
,
or
as
a
14
result
of
sexual
exploitation
by
a
counselor,
therapist,
school
15
employee,
or
adult
providing
training
or
instruction
as
defined
16
in
section
709.15,
shall
be
brought
within
five
years
of
the
17
date
the
victim
was
last
treated
by
the
counselor
or
therapist,
18
or
within
five
years
of
the
date
the
victim
was
last
enrolled
19
in
or
attended
the
school.
20
Sec.
3.
Section
669.13,
subsection
1,
Code
2025,
is
amended
21
to
read
as
follows:
22
1.
Except
as
provided
in
section
614.1,
subsection
11A,
23
and
section
614.8
,
a
claim
or
suit
otherwise
permitted
under
24
this
chapter
shall
be
forever
barred,
unless
within
two
years
25
after
the
claim
accrued,
the
claim
is
made
in
writing
and
filed
26
with
the
director
of
the
department
of
management
under
this
27
chapter
.
The
time
to
begin
a
suit
under
this
chapter
shall
be
28
extended
for
a
period
of
six
months
from
the
date
of
mailing
of
29
notice
to
the
claimant
by
the
attorney
general
as
to
the
final
30
disposition
of
the
claim
or
from
the
date
of
withdrawal
of
the
31
claim
under
section
669.5
,
if
the
time
to
begin
suit
would
32
otherwise
expire
before
the
end
of
the
period.
33
Sec.
4.
Section
670.5,
unnumbered
paragraph
1,
Code
2025,
34
is
amended
to
read
as
follows:
35
-1-
LSB
2281YH
(4)
91
cm/jh
1/
3
H.F.
462
Except
as
provided
in
section
614.1,
subsection
11A,
1
and
section
614.8
,
a
person
who
claims
damages
from
any
2
municipality
or
any
officer,
employee
or
agent
of
a
3
municipality
for
or
on
account
of
any
wrongful
death,
loss,
or
4
injury
within
the
scope
of
section
670.2
or
section
670.8
or
5
under
common
law
shall
commence
an
action
therefor
within
two
6
years
after
the
alleged
wrongful
death,
loss,
or
injury.
7
Sec.
5.
REPEAL.
Section
614.8A,
Code
2025,
is
repealed.
8
Sec.
6.
REVIVAL.
9
1.
Every
claim
or
cause
of
action
brought
against
any
party
10
alleging
intentional
or
negligent
acts
or
omissions
by
a
person
11
for
physical,
psychological,
or
other
injury
or
condition
12
suffered
as
a
result
of
conduct
which
would
constitute
sexual
13
abuse
as
defined
in
section
709.1,
which
is
barred
as
of
the
14
effective
date
of
this
Act
because
the
applicable
period
of
15
limitation
has
expired
or
the
plaintiff
previously
failed
to
16
file
a
petition,
is
hereby
revived.
17
2.
Dismissal
of
such
a
previous
action,
ordered
before
the
18
effective
date
of
this
Act,
on
grounds
that
the
action
was
19
time-barred,
or
for
failure
of
a
party
to
file
a
petition,
20
shall
not
be
grounds
for
dismissal
of
a
revival
action
pursuant
21
to
this
section.
22
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
23
importance,
takes
effect
upon
enactment.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
provides
that
there
is
no
time
limitation
to
bring
28
civil
actions
relating
to
sexual
abuse.
29
Under
current
Code
section
614.1(12),
a
civil
action
for
30
damages
for
injury
suffered
as
result
of
sexual
abuse
or
sexual
31
exploitation
by
a
counselor,
therapist,
school
employee,
or
32
adult
providing
training
or
instruction
can
only
be
brought
33
within
five
years
after
the
date
that
the
victim
was
either
34
last
treated
by
the
counselor
or
therapist
or
last
enrolled
in
35
-2-
LSB
2281YH
(4)
91
cm/jh
2/
3
H.F.
462
or
attended
the
school.
Current
Code
section
614.8A
provides
a
1
four-year
limitation
for
civil
actions
of
sexual
abuse
against
2
a
child
not
discovered
until
after
the
injured
person
is
of
the
3
age
of
majority.
These
provisions
are
stricken
or
repealed
to
4
the
extent
they
are
duplicative
or
inconsistent
with
the
bill.
5
If
an
action
was
previously
dismissed
before
the
effective
date
6
of
the
bill
on
the
grounds
that
it
was
time-barred
or
because
7
the
party
failed
to
file
a
petition,
the
bill
provides
the
8
party
the
right
to
file
a
revival
action.
9
The
bill
also
provides
that
state
tort
claims
and
tort
10
liability
of
governmental
subdivisions
statutes
of
limitations
11
do
not
apply
to
sexual
abuse
actions.
12
The
bill
takes
effect
upon
enactment.
13
-3-
LSB
2281YH
(4)
91
cm/jh
3/
3