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Bill > SF2233


IA SF2233

IA SF2233
A bill for an act modifying the periods of time to bring civil actions by victims of sexual abuse, human trafficking, or sexual exploitation.


summary

Introduced
02/06/2024
In Committee
02/06/2024
Crossed Over
Passed
Dead
04/16/2024

Introduced Session

90th General Assembly

Bill Summary

This bill provides that there is no time limitation to bring civil actions relating to sexual abuse, human trafficking, or exploitation of a minor regardless of the theory of liability in the action. The bill provides findings, including that current laws restricting the time period on bringing actions involving sexual abuse limit victims’ justice and that victims deserve the space and time to bring their cases when they are mentally and emotionally able; that Iowa’s laws are being used to reduce agreed on damages by organizations which admit abuse took place and that Iowa will no longer aid in these organizations’ attempts to silence victims, delay justice, or downplay damage; that the boy scouts of America bankruptcy case is an example of how current laws are limiting victims’ rights; that abolition of current statute of limitation laws for child sex abuse and creation of a revival window would allow victims to qualify for 100 percent of damages awarded; and that Iowa has one year from the effective date of the bankruptcy trust to pass this legislation, that deadline is in April 2024, and that relief is urgently needed. Under current Code section 614.1(12), a civil action for damages for injury suffered as result of sexual abuse or sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction can only be brought within five years after the date that the victim was either last treated by the counselor or therapist or last enrolled in or attended the school. Current Code section 614.8A provides a four-year limitation for civil actions of sexual abuse against a child not discovered until after the injured person is of the age of majority. These provisions are stricken or repealed to the extent they are duplicative or inconsistent with the bill. If an action was previously dismissed before the effective date of the bill on the grounds that it was time-barred or because the party failed to file a petition, the bill provides the party the right to file a revival action. The bill also provides that state tort claims and tort liability of governmental subdivisions statutes of limitations do not apply to sexual abuse, human trafficking, or exploitation of a minor actions. The bill takes effect upon enactment.

AI Summary

This bill removes the time limitation to bring civil actions related to sexual abuse, human trafficking, or exploitation of a minor, regardless of the legal theory. It provides findings that current laws restricting the time period for bringing such actions limit victims' access to justice, and that Iowa will no longer aid organizations in silencing victims or downplaying damages. The bill repeals the existing statute of limitations for these types of cases and allows for the revival of previously dismissed actions that were time-barred. The bill takes effect immediately upon enactment.

Committee Categories

Justice

Sponsors (16)

Last Action

Senate Judiciary Subcommittee (12:00:00 2/13/2024 Senate Lounge) (on 02/13/2024)

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