Bills › 88th General Assembly
Modifying the periods of time to bring certain civil actions, including by victims of sexual abuse, minors, and persons with mental illness, entitling certain cases to a preference in trial order, and including effective date provisions
Topics:Courts & civil law
Where it is now
- Done: IntroducedJanuary 16, 2020
- Done: SubcommitteeJanuary 22, 2020
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
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.15, 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 the current law by making a distinction between victims that are minors at the time of abuse and victims that are years of age or older at the time of abuse.
Read the full explanation
The bill does not change the statute of limitations for victims that are years of age or older at the time of abuse. For victims that are minors at the time of abuse, the bill provides that victims may bring an action at any time, but that a claim that arises prior to the effective date of the bill must be brought not earlier than six months after, and not later than two years and six months 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.8, the applicable limitations period in which to bring certain civil actions is extended for persons with mental illness and minors.2, a municipality is subject to liability for the municipality’s torts and those of the municipality’s officers and employees, acting within the scope of such officers’ and employees’ employment or duties.8.8 to specify that the extension of the limitations period for persons with mental illness and for minors applies to claims brought pursuant to Code chapter 670, which chapter is already referenced at the beginning of the sentences extending the limitations period.8A in 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 amendment also provides for the filing of civil actions for injuries incurred from other sexual offenses. The bill provides that a claim related to such offenses that arises prior to the effective date of the bill shall be brought not earlier than six months after, and not later than two years and six months 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.8A(2) or actions in which the interests of justice, as determined by the supreme court, will be served by early trial. The bill provides that the court shall adopt rules to implement this provision of the bill. The bill provides that if a party intends to invoke this preference, the party must notice the motion for preference with the petition by the party serving the petition or days after such service by any other party. The bill takes effect upon enactment.
Senate subcommittee
Named January 22, 2020. It hasn’t reported yet.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Iowa Code it changes
Lobbying
3 for · 1 against · 5 undecided · Who →
Family tree
88th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
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Matched by wording or an identical title.