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Bill > HF431

IA HF431

IA HF431
A bill for an act modifying the periods of time to bring civil actions by victims of sexual abuse, human trafficking, or sexual exploitation, and including effective date provisions.

summary

Introduced
02/17/2025
In Committee
02/17/2025
Crossed Over
Passed
Dead

Introduced Session

91st 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. 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 These provisions are stricken or repealed to the extent they are duplicative or inconsistent with the bill.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 eliminates time limitations for civil actions involving sexual abuse, human trafficking, or sexual exploitation of minors in Iowa. Specifically, the bill creates a new legal provision that removes statutes of limitations for civil cases related to various forms of sexual abuse and exploitation as defined in Iowa law, including specific types of sexual abuse, sexual exploitation by counselors or school employees, human trafficking, and sexual exploitation of minors. The bill allows victims to file civil lawsuits regardless of when the abuse occurred and irrespective of whether there was a related criminal case. Additionally, the bill includes a revival provision that allows previously time-barred cases to be refiled, meaning victims whose claims were previously dismissed due to time limitations can now bring their cases to court. The bill also modifies existing state tort claims and governmental subdivision liability statutes to ensure they do not impose time restrictions on sexual abuse and exploitation cases involving minors. These changes aim to provide broader legal recourse for victims of sexual abuse and exploitation by removing temporal barriers to seeking justice. The bill takes effect immediately upon enactment.

Committee Categories

Justice

Sponsors (8)

Last Action

Introduced, referred to Judiciary. H.J. 337. (on 02/17/2025)
(1 Companion Bills)

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