Bill > SF364

Introduced Session

This bill modifies the periods of time to bring civil actions relating to victims of sexual abuse and other sexual offenses that occurred when the victim was a minor 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 shall be brought by the injured party within 10 years from the time of discovery of the injury or relationship between the injury and the sexual abuse or exploitation or from the attainment of majority, whichever is later. Code section 614.8 provides that the time limit to bring certain civil actions is extended by one year for minors. The bill makes a conforming change to Code section 614.18 to account for the longer extension of time for minors that the bill provides. 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 within four years from the time of discovery of both the injury and the causal relationship between the injury and the sexual abuse to 10 years or within 10 years from the attainment of majority, whichever is later. 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.

AI Summary

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

Subcommittee recommends passage. (on 03/03/2025)

Official Document