What changed in SF 2431

5 passages reworded, 8 added and 0 removed; 9 of 22 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

Section 1. STATUTE OF LIMITATION MODIFICATION —— LEGISLATIVE FINDINGS. It is the finding of the general assembly that the following facts and circumstances are conditions precedent to this modification of an existing Iowa statute of limitation:

1. That legislatively created, after-the-fact exceptions to the operation of civil statutes of limitation are, in general, poor public policy.

2. Such exceptions tend to erode the rule of law, respect for the doctrine of equal protection, and due regard for the sanctity of contracts.

3. Notwithstanding such principles, various parties have represented to the general assembly that a defined and discreet group of Iowa sexual abuse victims face a grotesque miscarriage of justice if the operation of sections 614.1 and 614.8 is not suspended for their benefit.

4. These parties have also represented to the general assembly that the circumstances surrounding the lawsuits are unlikely to reoccur, and that the proposed retroactive enlargement of the statute of limitation will not injure any third party who has not already consented to settlement of their interests.

5. But for the unusual and exceptionally rare circumstances represented to be present, an after-the-fact enlargement of a statute of limitation would not be considered.

6. The action taken by the general assembly in this matter is not to be considered or offered in the future as creating a precedent for future legislative action by the general assembly.

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Section 1. 2. CHILD SEXUAL ABUSE CIVIL ACTIONS AGAINST A BANKRUPTCY ESTATE OF A CONGRESSIONALLY CHARTERED ORGANIZATION —— EXCEPTION TO TIME LIMITATION.

1. Notwithstanding section 614.8, subsection 2, and section 614.8A, if an individual entitled to commence any of the actions enumerated in chapter 614 was a child at the time the right accrued, an action for injury may be commenced by or on behalf of the injured individual at any time, notwithstanding any then applicable statute of limitation, if all of the following are true:

a. The injury upon which the action is based arises from a sex offense enumerated in section 692A.102, regardless of whether a criminal complaint was filed or a criminal conviction was obtained.

b. The action is barred due to the expiration of the statute of limitations period described in section 614.8, subsection 2, and or section 614.8A.

c. The action is for purposes of making a claim in a bankruptcy proceeding that was initiated on February 18, 2020.

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2. 3. FUTURE REPEAL. This Act is repealed December 31, 2026.

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3. 4. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.

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4. 5. RETROACTIVE APPLICABILITY. This Act applies retroactively to injuries resulting from sex offenses that occurred prior to the effective date of this Act, irrespective of any statute of limitation in effect at the time the offense occurred.