Read the full stored bill text
Senate
File
67
-
Introduced
SENATE
FILE
67
BY
SALMON
and
WESTRICH
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,
entitling
certain
cases
to
a
3
preference
in
trial
order,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1157XS
(3)
91
cm/jh
S.F.
67
Section
1.
Section
602.1205,
Code
2025,
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repealed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,
2031.
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
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
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
35
-1-
LSB
1157XS
(3)
91
cm/jh
1/
5
S.F.
67
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
may
be
brought
at
any
time.
4
b.
(1)
Notwithstanding
paragraph
“a”
,
subparagraph
(2),
5
every
claim
or
cause
of
action
brought
against
any
party
6
alleging
intentional
or
negligent
acts
or
omissions
by
a
person
7
for
physical,
psychological,
or
other
injury
or
condition
8
suffered
as
a
result
of
conduct
which
would
constitute
sexual
9
abuse,
as
defined
in
section
709.1,
by
a
counselor,
therapist,
10
school
employee,
or
adult
providing
training
or
instruction,
11
as
defined
in
section
709.15,
or
as
a
result
of
sexual
12
exploitation
by
a
counselor,
therapist,
school
employee,
or
13
adult
providing
training
or
instruction,
which
is
barred
as
of
14
the
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,
and
action
thereon
may
be
17
commenced
not
later
than
three
years
after
the
effective
date
18
of
this
Act.
19
(2)
Dismissal
of
a
previous
action,
ordered
before
the
20
effective
date
of
this
Act,
on
grounds
that
such
previous
21
action
was
time-barred,
or
for
failure
of
a
party
to
file
a
22
petition,
shall
not
be
grounds
for
dismissal
of
a
revival
23
action
pursuant
to
this
paragraph.
24
(3)
This
paragraph
is
repealed
July
1,
2031.
25
Sec.
3.
Section
614.8,
Code
2025,
is
amended
to
read
as
26
follows:
27
614.8
Minors
and
persons
with
mental
illness.
28
1.
The
Except
as
provided
in
section
614.1,
subsection
12,
29
or
section
614.8A,
times
limited
for
actions
in
this
chapter
,
30
or
for
complaints
or
claims
in
chapter
216
,
669
,
or
670
,
except
31
those
brought
for
penalties
and
forfeitures,
are
extended
in
32
favor
of
persons
with
mental
illness,
so
that
they
shall
have
33
one
year
from
and
after
the
termination
of
the
disability
34
within
which
to
file
a
complaint
pursuant
to
chapter
216
,
to
35
-2-
LSB
1157XS
(3)
91
cm/jh
2/
5
S.F.
67
make
a
claim
pursuant
to
chapter
669
or
670
,
or
to
otherwise
1
commence
an
action.
2
2.
Except
as
provided
in
section
614.1,
subsection
9
or
3
12,
or
section
614.8A
,
the
times
limited
for
actions
in
this
4
chapter
,
or
for
complaints
or
claims
in
chapter
216
,
659A
,
669
,
5
or
670
,
except
those
brought
for
penalties
and
forfeitures,
are
6
extended
in
favor
of
minors,
so
that
they
shall
have
one
year
7
from
and
after
attainment
of
majority
within
which
to
file
a
8
complaint
pursuant
to
chapter
216
,
to
make
a
claim
pursuant
to
9
chapter
659A,
669
,
or
670,
or
to
otherwise
commence
an
action.
10
Sec.
4.
Section
614.8A,
Code
2025,
is
amended
by
striking
11
the
section
and
inserting
in
lieu
thereof
the
following:
12
614.8A
Commencement
of
action
for
minor
or
child
sexual
abuse
13
and
other
sexual
offenses
——
no
time
limitation.
14
1.
Notwithstanding
the
times
limited
for
actions
in
this
15
chapter,
an
action
relating
to
injuries
suffered
as
a
result
of
16
sexual
abuse
as
defined
in
section
709.1,
and
injuries
suffered
17
as
a
result
of
other
sexual
offenses
including
but
not
limited
18
to
lascivious
acts
with
a
child
in
violation
of
section
709.8,
19
assault
with
intent
to
commit
sexual
abuse
in
violation
of
20
section
709.11,
indecent
contact
with
a
child
in
violation
of
21
section
709.12,
lascivious
conduct
with
a
minor
in
violation
of
22
section
709.14,
sexual
misconduct
with
a
juvenile
in
violation
23
of
section
709.16,
subsection
2,
child
endangerment
in
24
violation
of
section
726.6,
or
sexual
exploitation
of
a
minor
25
in
violation
of
section
728.12,
which
occurred
when
the
injured
26
party
was
a
minor
may
be
brought
at
any
time.
27
2.
a.
Notwithstanding
subsection
1,
every
claim
or
cause
28
of
action
brought
against
any
party
alleging
intentional
29
or
negligent
acts
or
omissions
by
a
person
for
physical,
30
psychological,
or
other
injury
or
condition
suffered
as
a
31
result
of
conduct
described
in
subsection
1,
which
is
barred
as
32
of
the
effective
date
of
this
Act
because
the
applicable
period
33
of
limitation
has
expired
or
the
plaintiff
previously
failed
to
34
file
a
petition,
is
hereby
revived,
and
action
thereon
may
be
35
-3-
LSB
1157XS
(3)
91
cm/jh
3/
5
S.F.
67
commenced
not
later
than
three
years
after
the
effective
date
1
of
this
Act.
2
b.
Dismissal
of
a
previous
action,
ordered
before
the
3
effective
date
of
this
Act,
on
grounds
that
such
previous
4
action
was
time-barred,
or
of
failure
of
a
party
to
file
a
5
petition,
shall
not
be
grounds
for
dismissal
of
a
revival
6
action
pursuant
to
this
section.
7
c.
This
subsection
is
repealed
July
1,
2031.
8
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
9
importance,
takes
effect
upon
enactment.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
modifies
the
periods
of
time
to
bring
civil
actions
14
relating
to
young
persons
and
persons
with
mental
illness
and
15
entitles
certain
cases
to
a
preference
in
trial
order.
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
22
in
or
attended
the
school.
The
bill
amends
this
provision
by
23
making
a
distinction
between
victims
that
are
minors
at
the
24
time
of
abuse
and
victims
that
are
18
years
of
age
or
older
at
25
the
time
of
abuse.
The
bill
does
not
change
the
statute
of
26
limitations
for
victims
that
are
18
years
of
age
or
older
at
27
the
time
of
abuse.
For
victims
who
are
minors
at
the
time
of
28
abuse,
the
action
may
be
brought
at
any
time.
29
Under
current
Code
section
614.8,
the
applicable
limitations
30
period
in
which
to
bring
certain
civil
actions
is
extended
31
for
persons
with
mental
illness
and
minors.
The
bill
amends
32
Code
section
614.8
to
exclude
the
provisions
with
no
time
33
limitation
under
the
bill
and
to
specify
that
the
extension
34
of
the
limitations
period
for
persons
with
mental
illness
35
-4-
LSB
1157XS
(3)
91
cm/jh
4/
5
S.F.
67
and
for
minors
applies
to
claims
brought
pursuant
to
Code
1
chapters
659A,
669,
and
670,
which
are
already
mentioned
at
the
2
beginning
of
the
applicable
provisions.
3
Under
Code
section
614.8A,
the
bill
extends
the
time
for
4
filing
a
civil
action
relating
to
sexual
abuse
which
occurred
5
when
the
injured
person
was
a
minor
from
one
year
after
the
6
attainment
of
majority
or
within
four
years
from
the
time
7
of
discovery
of
both
the
injury
and
the
causal
relationship
8
between
the
injury
and
the
sexual
abuse
to
any
time.
The
bill
9
also
provides
for
the
filing
of
civil
actions
for
injuries
10
incurred
from
other
sexual
offenses.
11
The
bill
provides
that
claims
related
to
offenses
under
the
12
bill
that
arise
prior
to
the
effective
date
of
the
bill
must
13
be
brought
not
later
than
three
years
after
the
effective
date
14
of
the
bill.
If
an
action
was
previously
dismissed
before
15
the
effective
date
of
the
bill
on
the
grounds
that
it
was
16
time-barred
or
because
the
party
failed
to
file
a
petition,
the
17
party
shall
have
a
right
to
file
a
revival
action.
18
The
bill
provides
that
the
district
court
shall
try
civil
19
cases
in
the
order
in
which
cases
are
initiated
by
the
filing
20
of
a
petition,
but
entitles
cases
to
preference
if
the
cases
21
have
been
revived
pursuant
to
Code
section
614.1(12)(b)
or
22
Code
section
615.8A(2)
or
actions
in
which
the
interests
of
23
justice,
as
determined
by
the
supreme
court,
will
be
served
by
24
early
trial.
If
a
party
intends
to
invoke
this
preference,
the
25
party
must
serve
the
notice
of
a
motion
for
preference
with
26
the
petition.
Such
notice
must
be
served
10
days
after
such
27
service
by
any
other
party.
28
The
bill
takes
effect
upon
enactment.
29
-5-
LSB
1157XS
(3)
91
cm/jh
5/
5