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IA HF462

IA HF462
A bill for an act modifying the periods of time to bring civil actions by victims of sexual abuse and including effective date provisions.

summary

Introduced
02/19/2025
In Committee
02/19/2025
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. 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 These provisions are stricken or repealed to the extent they are duplicative or inconsistent with the bill.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 actions. The bill takes effect upon enactment.

AI Summary

This bill eliminates time limitations for civil actions related to sexual abuse in Iowa, allowing victims to bring lawsuits at any time for damages suffered as a result of sexual abuse as defined in section 709.1. The bill specifically modifies existing statutes to remove previous time restrictions, such as the five-year limitation for actions against counselors, therapists, school employees, or adults providing instruction who commit sexual exploitation. Additionally, the bill includes a revival provision that reopens previously dismissed sexual abuse claims that were barred due to expired statutes of limitations, giving victims a new opportunity to seek legal recourse. The bill also ensures that state tort claims and governmental subdivision liability statutes of limitations do not apply to sexual abuse actions. Importantly, this legislation aims to provide survivors of sexual abuse with more flexibility and time to pursue legal action, recognizing the complex and often delayed nature of reporting sexual abuse. The bill takes effect immediately upon enactment, underscoring its urgency and significance in addressing sexual abuse claims.

Committee Categories

Justice

Sponsors (13)

Last Action

Introduced, referred to Judiciary. H.J. 356. (on 02/19/2025)

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