Amendment S-3193 to HF 813

Filed April 28, 2021 in the Senate by Sen. Janet Petersen (D)

What it changes

1. Page 16, after line 26 by inserting: “5A. Employees of the charter school who otherwise meet the definition of school employee under section 709.15, subsection 1, paragraph “f” , shall be considered a school employee for purposes of section 709.15, as if the charter school was a school district within the meaning of that paragraph.”
2. Page 26, after line 23 by inserting: “Sec. ___. Section 614.1, Code 2021, is amended by adding the following new subsections: NEW SUBSECTION . 11A. Sexual abuse and other sexual offenses. An action for damages for injury suffered when the victim was a minor as a result of sexual abuse in the first degree as defined in section 709.2, sexual abuse in the second degree as defined in section 709.3, sexual abuse in the third degree as defined in section 709.4 or other sexual offenses as provided in section 802.2B may be commenced at any time after the commission of the offense. NEW SUBSECTION . 12A. Kidnapping and human trafficking. An action for damages for injury suffered when the victim was a minor as a result of kidnapping as defined in section 710.1 or human trafficking as defined in section 710A.2 may be commenced at any time after the commission of the offense. Sec. ___. Section 614.1, subsection 12, Code 2021, is amended to read as follows:
3. Sexual abuse or sexual exploitation by a counselor, therapist, or school employee. a. An action for damages for injury suffered as a result of sexual abuse, as defined in section 709.1 , by a counselor, therapist, or school employee, as defined in section 709.15 , or as a result of sexual exploitation by a counselor, therapist, or school employee shall be brought within five years of the date the victim was last treated by the counselor or therapist, or within five years of the date the victim was last enrolled in or attended the school may be commenced at any time after the commission of the offense . b. A claim or cause of action brought against any party under paragraph “a” alleging intentional or negligent acts or omissions by a person for physical, psychological, or any other injury or condition suffered as a result of conduct by a counselor, therapist, or school employee as defined in section 709.15, if barred as of the effective date of this Act because the applicable period of limitation has expired or the plaintiff previously failed to file a petition, is hereby revived, and action thereon may be commenced not later than three years after the effective date of this Act. c. Dismissal of a previous action, ordered before the effective date of this Act, on grounds that such previous action was time-barred or due to the failure of a party to file a petition, shall not be grounds for dismissal of a revival action pursuant to paragraph “b” . Sec. ___. Section 614.8A, Code 2021, is amended to read as follows: 614.8A Damages Commencement of action for minor or child sexual abuse and other sexual offenses —— no time limitation. An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
4. Notwithstanding section 614.1, subsections 11A and 12A, every claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or any other injury or condition suffered as a result of conduct which occurred when the injured person was a minor and which would constitute a violation of any of the following, if barred as of the effective date of this Act because the applicable period of limitation has expired or the plaintiff previously failed to file a petition, is hereby revived, and action thereon may be commenced not later than three years after the effective date of this Act: a. Sexual abuse as defined in section 709.1. b. Lascivious acts with a child in violation of section 709.8. c. Assault with intent to commit sexual abuse in violation of section 709.11. d. Indecent contact with a child in violation of section 709.12. e. Lascivious conduct with a minor in violation of section 709.14. f. Sexual misconduct with a juvenile in violation of section 709.16, subsection
5. g. Kidnapping as defined in section 710.1. h. Human trafficking as defined in section 710A.2. i. Incest in violation of section 726.2. j. Child endangerment in violation of section 726.6, subsection 4, 5, or
6. k. Sexual exploitation of a minor in violation of section 728.12.
7. Dismissal of a previous action, ordered before the effective date of this Act, on grounds that such previous action was time-barred or due to the failure of a party to file a petition, shall not be grounds for dismissal of a revival action pursuant to this section.”
8. By renumbering, redesignating, and correcting internal references as necessary.

Official amendment (PDF) · In the Bill Book