Bill > SF67

Introduced Session

This bill modifies the periods of time to bring civil actions relating to young persons and persons with mental illness and entitles certain cases to a preference in trial order. 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. The bill amends this provision by making a distinction between victims that are minors at the time of abuse and victims that are 18 years of age or older at the time of abuse. The bill does not change the statute of limitations for victims that are 18 years of age or older at the time of abuse. For victims who are minors at the time of abuse, the action may be brought at any time. Under current Code section 614.8, the applicable limitations period in which to bring certain civil actions is extended for persons with mental illness and minors. The bill amends Code section 614.8 to exclude the provisions with no time limitation under the bill and to specify that the extension of the limitations period for persons with mental illness and for minors applies to claims brought pursuant to Code chapters 659A, 669, and 670, which are already mentioned at the beginning of the applicable provisions. Under Code section 614.8A, the bill extends the time for filing a civil action relating to sexual abuse which occurred when the injured person was a minor from one year after the attainment of majority or within four years from the time of discovery of both the injury and the causal relationship between the injury and the sexual abuse to any time. The bill also provides for the filing of civil actions for injuries incurred from other sexual offenses. The bill provides that claims related to offenses under the bill that arise prior to the effective date of the bill must be brought not later than three years after the effective date of 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 party shall have a right to file a revival action. The bill provides that the district court shall try civil cases in the order in which cases are initiated by the filing of a petition, but entitles cases to preference if the cases have been revived pursuant to Code section 614.1(12)(b) or Code section 615.8A(2) or actions in which the interests of justice, as determined by the supreme court, will be served by early trial. If a party intends to invoke this preference, the party must serve the notice of a motion for preference with the petition. Such notice must be served 10 days after such service by any other party. The bill takes effect upon enactment.

Committee Categories

Sandy Salmon (R)*,  Cherielynn Westrich (R)*, 

Subcommittee: Schultz, Bousselot, and Weiner. S.J. 136. (on 01/23/2025)

Official Document