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Senate
File
184
-
Introduced
SENATE
FILE
184
BY
PETERSEN
,
DONAHUE
,
BISIGNANO
,
TRONE
GARRIOTT
,
TOWNSEND
,
STAED
,
QUIRMBACH
,
WINCKLER
,
WEINER
,
BLAKE
,
and
BENNETT
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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184
Section
1.
Section
614.1,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
11A.
Sexual
abuse,
human
trafficking,
and
3
sexual
exploitation
of
a
minor.
No
time
limitation
shall
apply
4
to
an
action
brought
for
damages
for
an
injury
suffered
as
5
a
result
of
sexual
abuse
as
defined
in
section
709.1,
sexual
6
abuse
in
the
first
degree
in
violation
of
section
709.2,
sexual
7
abuse
in
the
second
degree
in
violation
of
section
709.3,
8
sexual
abuse
in
the
third
degree
in
violation
of
section
709.4,
9
sexual
exploitation
by
a
counselor,
therapist,
school
employee,
10
or
adult
providing
training
or
instruction
in
violation
of
11
section
709.15,
human
trafficking
in
violation
of
section
12
710A.2,
and
sexual
exploitation
of
a
minor
in
violation
of
13
section
728.12.
This
subsection
shall
apply
regardless
of
the
14
theory
of
liability
in
the
civil
action,
including
against
15
civil
defendants
who
were
not
liable
in
the
related
criminal
16
action,
if
any.
17
Sec.
2.
Section
614.1,
subsection
12,
Code
2025,
is
amended
18
to
read
as
follows:
19
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
20
therapist,
school
employee,
or
adult
providing
training
or
21
instruction.
An
action
for
damages
for
injury
suffered
as
22
a
result
of
sexual
abuse,
as
defined
in
section
709.1
,
by
a
23
counselor,
therapist,
school
employee,
or
adult
providing
24
training
or
instruction,
as
defined
in
section
709.15
,
or
as
a
25
result
of
sexual
exploitation
by
a
counselor,
therapist,
school
26
employee,
or
adult
providing
training
or
instruction
as
defined
27
in
section
709.15,
shall
be
brought
within
five
years
of
the
28
date
the
victim
was
last
treated
by
the
counselor
or
therapist,
29
or
within
five
years
of
the
date
the
victim
was
last
enrolled
30
in
or
attended
the
school.
31
Sec.
3.
Section
669.13,
subsection
1,
Code
2025,
is
amended
32
to
read
as
follows:
33
1.
Except
as
provided
in
section
614.1,
subsections
11A
34
and
12,
and
section
614.8,
a
claim
or
suit
otherwise
permitted
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under
this
chapter
shall
be
forever
barred,
unless
within
two
1
years
after
the
claim
accrued,
the
claim
is
made
in
writing
and
2
filed
with
the
director
of
the
department
of
management
under
3
this
chapter
.
The
time
to
begin
a
suit
under
this
chapter
4
shall
be
extended
for
a
period
of
six
months
from
the
date
5
of
mailing
of
notice
to
the
claimant
by
the
attorney
general
6
as
to
the
final
disposition
of
the
claim
or
from
the
date
of
7
withdrawal
of
the
claim
under
section
669.5
,
if
the
time
to
8
begin
suit
would
otherwise
expire
before
the
end
of
the
period.
9
Sec.
4.
Section
670.5,
unnumbered
paragraph
1,
Code
2025,
10
is
amended
to
read
as
follows:
11
Except
as
provided
in
section
614.1,
subsections
11A
12
and
12,
and
section
614.8,
a
person
who
claims
damages
from
13
any
municipality
or
any
officer,
employee
or
agent
of
a
14
municipality
for
or
on
account
of
any
wrongful
death,
loss,
or
15
injury
within
the
scope
of
section
670.2
or
section
670.8
or
16
under
common
law
shall
commence
an
action
therefor
within
two
17
years
after
the
alleged
wrongful
death,
loss,
or
injury.
18
Sec.
5.
REPEAL.
Section
614.8A,
Code
2025,
is
repealed.
19
Sec.
6.
REVIVAL.
20
1.
Every
claim
or
cause
of
action
brought
against
any
party
21
alleging
intentional
or
negligent
acts
or
omissions
by
a
person
22
for
physical,
psychological,
or
other
injury
or
condition
23
suffered
as
a
result
of
conduct
which
would
constitute
sexual
24
abuse
as
defined
in
section
709.1,
which
is
barred
as
of
the
25
effective
date
of
this
Act
because
the
applicable
period
of
26
limitation
has
expired
or
the
plaintiff
previously
failed
to
27
file
a
petition,
is
hereby
revived.
28
2.
Dismissal
of
such
a
previous
action,
ordered
before
the
29
effective
date
of
this
Act,
on
grounds
that
the
action
was
30
time-barred,
or
for
failure
of
a
party
to
file
a
petition,
31
shall
not
be
grounds
for
dismissal
of
a
revival
action
pursuant
32
to
this
section.
33
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
34
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
provides
that
there
is
no
time
limitation
to
bring
4
civil
actions
relating
to
sexual
abuse,
human
trafficking,
or
5
exploitation
of
a
minor
regardless
of
the
theory
of
liability
6
in
the
action.
7
Under
current
Code
section
614.1(12),
a
civil
action
for
8
damages
for
injury
suffered
as
result
of
sexual
abuse
or
sexual
9
exploitation
by
a
counselor,
therapist,
school
employee,
or
10
adult
providing
training
or
instruction
can
only
be
brought
11
within
five
years
after
the
date
that
the
victim
was
either
12
last
treated
by
the
counselor
or
therapist
or
last
enrolled
in
13
or
attended
the
school.
Current
Code
section
614.8A
provides
a
14
four-year
limitation
for
civil
actions
of
sexual
abuse
against
15
a
child
not
discovered
until
after
the
injured
person
is
of
the
16
age
of
majority.
These
provisions
are
stricken
or
repealed
to
17
the
extent
they
are
duplicative
or
inconsistent
with
the
bill.
18
If
an
action
was
previously
dismissed
before
the
effective
date
19
of
the
bill
on
the
grounds
that
it
was
time-barred
or
because
20
the
party
failed
to
file
a
petition,
the
bill
provides
the
21
party
the
right
to
file
a
revival
action.
22
The
bill
also
provides
that
state
tort
claims
and
23
tort
liability
of
governmental
subdivisions
statutes
of
24
limitations
do
not
apply
to
sexual
abuse,
human
trafficking,
or
25
exploitation
of
a
minor
actions.
26
The
bill
takes
effect
upon
enactment.
27
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