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Senate
File
2083
-
Introduced
SENATE
FILE
2083
BY
SALMON
and
WESTRICH
A
BILL
FOR
An
Act
modifying
the
periods
of
time
to
bring
certain
civil
1
actions
by
victims
of
sexual
abuse
and
other
sexual
offenses
2
that
occurred
when
the
victim
was
a
minor,
entitling
3
certain
cases
to
a
preference
in
trial
order,
and
including
4
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
602.1205,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
a.
The
district
court
shall
try
civil
3
cases
in
the
order
in
which
cases
are
initiated
by
the
filing
4
of
a
petition,
provided
that
the
following
cases
shall
be
5
entitled
to
a
preference:
6
(1)
Actions
that
have
been
revived
pursuant
to
section
7
614.1,
subsection
12,
paragraph
“b”
,
or
section
614.8A,
8
subsection
2.
This
subparagraph
is
repealed
July
1,
2032.
9
(2)
An
action
in
which
the
interests
of
justice,
as
10
determined
by
the
supreme
court,
will
be
served
by
early
trial.
11
b.
The
supreme
court
shall
prescribe
rules
to
implement
this
12
subsection.
13
c.
Unless
the
court
otherwise
orders,
notice
of
a
motion
14
for
preference
shall
be
served
with
the
petition
by
the
party
15
serving
the
petition,
or
ten
days
after
such
service
by
any
16
other
party.
17
Sec.
2.
Section
614.1,
subsection
12,
Code
2026,
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
22
a.
(1)
If
the
victim
was
eighteen
years
of
age
or
older,
23
an
action
for
damages
for
injury
suffered
as
a
result
of
24
sexual
abuse,
as
defined
in
section
709.1
,
by
a
counselor,
25
therapist,
school
employee,
or
adult
providing
training
or
26
instruction,
as
defined
in
section
709.15
,
or
as
a
result
of
27
sexual
exploitation
by
a
counselor,
therapist,
school
employee,
28
or
adult
providing
training
or
instruction
shall
be
brought
29
within
five
years
of
the
date
the
victim
was
last
treated
by
30
the
counselor
or
therapist,
or
within
five
years
of
the
date
31
the
victim
was
last
enrolled
in
or
attended
the
school.
32
(2)
If
the
victim
was
a
minor,
an
action
for
damages
for
33
injury
suffered
as
a
result
of
sexual
abuse,
as
defined
in
34
section
709.1,
by
a
counselor,
therapist,
school
employee,
or
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adult
providing
training
or
instruction,
as
defined
in
section
1
709.15,
or
as
a
result
of
sexual
exploitation
by
a
counselor,
2
therapist,
school
employee,
or
adult
providing
training
or
3
instruction
shall
be
brought
within
ten
years
of
the
date
4
the
victim
was
last
treated
by
the
counselor
or
therapist,
5
within
ten
years
of
the
date
the
victim
was
last
enrolled
in
or
6
attended
the
school,
or
within
ten
years
from
the
attainment
of
7
majority,
whichever
is
later.
8
b.
(1)
Notwithstanding
paragraph
“a”
,
subparagraph
(2),
9
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,
by
a
counselor,
therapist,
14
school
employee,
or
adult
providing
training
or
instruction,
15
as
defined
in
section
709.15,
or
as
a
result
of
sexual
16
exploitation
by
a
counselor,
therapist,
school
employee,
or
17
adult
providing
training
or
instruction,
which
is
barred
as
of
18
the
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,
and
action
thereon
may
be
21
commenced
not
later
than
three
years
after
the
effective
date
22
of
this
Act.
23
(2)
Dismissal
of
a
previous
action,
ordered
before
the
24
effective
date
of
this
Act,
on
grounds
that
such
previous
25
action
was
time-barred,
or
for
failure
of
a
party
to
file
a
26
petition,
shall
not
be
grounds
for
dismissal
of
a
revival
27
action
pursuant
to
this
paragraph.
28
(3)
This
paragraph
is
repealed
July
1,
2032.
29
Sec.
3.
Section
614.8,
subsection
2,
Code
2026,
is
amended
30
to
read
as
follows:
31
2.
Except
as
provided
in
section
614.1,
subsection
9
or
32
12,
or
section
614.8A
,
the
times
limited
for
actions
in
this
33
chapter
,
or
chapter
216
,
659A
,
669
,
or
670
,
except
those
34
brought
for
penalties
and
forfeitures,
are
extended
in
favor
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of
minors,
so
that
they
shall
have
one
year
from
and
after
1
attainment
of
majority
within
which
to
file
a
complaint
2
pursuant
to
chapter
216
,
to
make
a
claim
pursuant
to
chapter
3
669
,
or
to
otherwise
commence
an
action.
4
Sec.
4.
Section
614.8A,
Code
2026,
is
amended
by
striking
5
the
section
and
inserting
in
lieu
thereof
the
following:
6
614.8A
Commencement
of
action
for
minor
or
child
sexual
abuse
7
and
other
sexual
offenses.
8
1.
Notwithstanding
the
times
limited
for
actions
in
this
9
chapter,
an
action
relating
to
injuries
suffered
as
a
result
of
10
sexual
abuse
as
defined
in
section
709.1,
and
injuries
suffered
11
as
a
result
of
other
sexual
offenses
including
but
not
limited
12
to
lascivious
acts
with
a
child
in
violation
of
section
709.8,
13
assault
with
intent
to
commit
sexual
abuse
in
violation
of
14
section
709.11,
indecent
contact
with
a
child
in
violation
of
15
section
709.12,
lascivious
conduct
with
a
minor
in
violation
16
of
section
709.14,
sexual
misconduct
with
a
juvenile
in
17
violation
of
section
709.16,
subsection
2,
child
endangerment
18
in
violation
of
section
726.6,
or
sexual
exploitation
of
a
19
minor
in
violation
of
section
728.12,
which
occurred
when
the
20
injured
party
was
a
minor
shall
be
brought
within
ten
years
21
from
the
time
of
discovery
by
the
injured
party
of
both
the
22
injury
and
the
causal
relationship
between
the
injury
and
the
23
sexual
abuse
or
other
sexual
offense,
or
within
ten
years
from
24
the
attainment
of
majority,
whichever
is
later.
25
2.
a.
Notwithstanding
subsection
1,
every
claim
or
cause
26
of
action
brought
against
any
party
alleging
intentional
27
or
negligent
acts
or
omissions
by
a
person
for
physical,
28
psychological,
or
other
injury
or
condition
suffered
as
a
29
result
of
conduct
described
in
subsection
1,
which
is
barred
as
30
of
the
effective
date
of
this
Act
because
the
applicable
period
31
of
limitation
has
expired
or
the
plaintiff
previously
failed
to
32
file
a
petition,
is
hereby
revived,
and
action
thereon
may
be
33
commenced
not
later
than
three
years
after
the
effective
date
34
of
this
Act.
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b.
Dismissal
of
a
previous
action,
ordered
before
the
1
effective
date
of
this
Act,
on
grounds
that
such
previous
2
action
was
time-barred,
or
of
failure
of
a
party
to
file
a
3
petition,
shall
not
be
grounds
for
dismissal
of
a
revival
4
action
pursuant
to
this
section.
5
c.
This
subsection
is
repealed
July
1,
2032.
6
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
7
importance,
takes
effect
upon
enactment.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
modifies
the
periods
of
time
to
bring
civil
actions
12
relating
to
victims
of
sexual
abuse
and
other
sexual
offenses
13
that
occurred
when
the
victim
was
a
minor
and
entitles
certain
14
cases
to
a
preference
in
trial
order.
15
Under
current
Code
section
614.1(12),
a
civil
action
for
16
damages
for
injury
suffered
as
result
of
sexual
abuse
or
sexual
17
exploitation
by
a
counselor,
therapist,
school
employee,
or
18
adult
providing
training
or
instruction
can
only
be
brought
19
within
five
years
after
the
date
that
the
victim
was
either
20
last
treated
by
the
counselor
or
therapist
or
last
enrolled
21
in
or
attended
the
school.
The
bill
amends
this
provision
by
22
making
a
distinction
between
victims
that
are
minors
at
the
23
time
of
abuse
and
victims
that
are
18
years
of
age
or
older
24
at
the
time
of
abuse.
The
bill
does
not
change
the
statute
25
of
limitations
for
victims
that
are
18
years
of
age
or
older
26
at
the
time
of
abuse.
For
victims
who
are
minors
at
the
time
27
of
abuse,
the
action
shall
be
brought
by
the
injured
party
28
within
10
years
from
the
time
of
discovery
of
the
injury
29
or
relationship
between
the
injury
and
the
sexual
abuse
or
30
exploitation
or
from
the
attainment
of
majority,
whichever
is
31
later.
32
Code
section
614.8
provides
that
the
time
limit
to
bring
33
certain
civil
actions
is
extended
by
one
year
for
minors.
34
The
bill
makes
a
conforming
change
to
Code
section
614.18
to
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account
for
the
longer
extension
of
time
for
minors
that
the
1
bill
provides.
2
Under
Code
section
614.8A,
the
bill
extends
the
time
for
3
filing
a
civil
action
relating
to
sexual
abuse
which
occurred
4
when
the
injured
person
was
a
minor
from
within
four
years
5
from
the
time
of
discovery
of
both
the
injury
and
the
causal
6
relationship
between
the
injury
and
the
sexual
abuse
to
10
7
years
or
within
10
years
from
the
attainment
of
majority,
8
whichever
is
later.
The
bill
also
provides
for
the
filing
of
9
civil
actions
for
injuries
incurred
from
other
sexual
offenses.
10
The
bill
provides
that
claims
related
to
offenses
under
the
11
bill
that
arise
prior
to
the
effective
date
of
the
bill
must
12
be
brought
not
later
than
three
years
after
the
effective
date
13
of
the
bill.
If
an
action
was
previously
dismissed
before
14
the
effective
date
of
the
bill
on
the
grounds
that
it
was
15
time-barred
or
because
the
party
failed
to
file
a
petition,
the
16
party
shall
have
a
right
to
file
a
revival
action.
17
The
bill
provides
that
the
district
court
shall
try
civil
18
cases
in
the
order
in
which
cases
are
initiated
by
the
filing
19
of
a
petition,
but
entitles
cases
to
preference
if
the
cases
20
have
been
revived
pursuant
to
Code
section
614.1(12)(b)
or
21
Code
section
615.8A(2)
or
actions
in
which
the
interests
of
22
justice,
as
determined
by
the
supreme
court,
will
be
served
by
23
early
trial.
If
a
party
intends
to
invoke
this
preference,
the
24
party
must
serve
the
notice
of
a
motion
for
preference
with
25
the
petition.
Such
notice
must
be
served
10
days
after
such
26
service
by
any
other
party.
27
The
bill
takes
effect
upon
enactment.
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