SF 364 — A bill for an act modifying the periods of time to bring certain civil actions by victims of sexual abuse and other sexual offenses that occurred when the victim was a minor, entitling certain cases to a preference in trial order, and including effective date provisions.

Bill Text

• Introduced View text Current pdf

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The bill extends the time limits for bringing civil actions related to sexual abuse and other sexual offenses against minors and establishes trial preferences for certain cases.

• Section 602.1205

  3. a. The district court shall try civil cases in the order in which cases are initiated by the filing of a petition, provided that the following cases shall be entitled to a preference: (1) Actions that have been revived pursuant to section 614.1, subsection 12, paragraph “b”, or section 614.8A, subsection 2. This subparagraph is repealed July 1, 2031. (2) An action in which the interests of justice, as determined by the supreme court, will be served by early trial. b. The supreme court shall prescribe rules to implement this subsection. c. Unless the court otherwise orders, notice of a motion for preference shall be served with the petition by the party serving the petition, or ten days after such service by any other party.

  This introduces a priority system for trial scheduling in civil cases involving sexual offenses, emphasizing cases revived under specific provisions.

• Section 614.1, subsection 12

  An action for damages for injury suffered as a result of sexual abuse, as defined in section 709.1, by a counselor, therapist, school employee, or adult providing training or instruction, ... 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. → If the victim was a minor, an action for damages for injury suffered as a result of sexual abuse, ..., shall be brought within ten years of the date the victim was last treated by the counselor or therapist, ... or within ten years from the attainment of majority, whichever is later.

  This change increases the time limit for minors to file actions for damages resulting from sexual abuse.

• Section 614.1, subsection 12

  b. (1) Notwithstanding paragraph “a”, subparagraph (2), every claim or cause of action ... is hereby revived, and action thereon may be commenced not later than three years after the effective date of this Act. (2) Dismissal of a previous action, ordered before the effective date of this Act, ... shall not be grounds for dismissal of a revival action pursuant to this paragraph. (3) This paragraph is repealed July 1, 2031.

  This revival provision allows claims previously barred due to expired limitation periods to be brought forward within three years of the bill's effective date.

• Section 614.8

  the times limited for actions in this chapter, or chapter 216, 659A, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, ... to file a complaint pursuant to chapter 216, ... → the times limited for actions in this chapter, or chapter 216, 659A, 669, or 670, ... are extended in favor of minors, so that they shall have one year from and after attainment of majority ...

  This conforms the limitations for minors with the extended timeframe provided in other sections.

• Section 614.8A

  Notwithstanding the times limited for actions in this chapter, an action relating to injuries suffered as a result of sexual abuse as defined in section 709.1, ... → Notwithstanding the times limited for actions in this chapter, an action relating to injuries suffered as a result of sexual abuse as defined in section 709.1, and injuries suffered as a result of other sexual offenses ... which occurred when the injured party was a minor shall be brought within ten years ...

  This expands the time frame for filing civil actions concerning other sexual offenses against minors.

• Section 614.8A

  2. a. Notwithstanding subsection 1, every claim or cause of action ... is hereby revived, and action thereon may be commenced not later than three years after the effective date of this Act.

  This provides a revival period for previously time-barred sexual abuse claims related to minors.

Action History

1. March 03, 2025

   Subcommittee recommends passage.

2. February 25, 2025

   Subcommittee Meeting: 02/26/2025 2:30PM Room 217 Conference Room.

3. February 20, 2025

   Subcommittee: Westrich, Taylor, and Weiner.

4. February 18, 2025

   Introduced, referred to Judiciary.

Sponsors

• Cherielynn Westrich · Primary
• Sandy Salmon · Primary

Votes

Subjects