Iowa SF 364: A bill for an act relating to the Iowa sobriety and drug monitoring program. (Formerly SSB 1055.) Effective 7-1-19.

Bill Text

Senate
File
364
-
Introduced

SENATE
FILE
364

BY
SALMON
and
WESTRICH

A
BILL
FOR

An
Act
modifying
the
periods
of
time
to
bring
certain
civil
1

actions
by
victims
of
sexual
abuse
and
other
sexual
offenses
2

that
occurred
when
the
victim
was
a
minor,
entitling
3

certain
cases
to
a
preference
in
trial
order,
and
including
4

effective
date
provisions.
5

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6

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S.F.
364

Section
1.
Section
602.1205,
Code
2025,
is
amended
by
adding
1

the
following
new
subsection:
2

NEW
SUBSECTION

.
3.
a.
The
district
court
shall
try
civil
3

cases
in
the
order
in
which
cases
are
initiated
by
the
filing
4

of
a
petition,
provided
that
the
following
cases
shall
be
5

entitled
to
a
preference:
6

(1)
Actions
that
have
been
revived
pursuant
to
section
7

614.1,
subsection
12,
paragraph
“b”
,
or
section
614.8A,
8

subsection
2.
This
subparagraph
is
repealed
July
1,
2031.
9

(2)
An
action
in
which
the
interests
of
justice,
as
10

determined
by
the
supreme
court,
will
be
served
by
early
trial.
11

b.
The
supreme
court
shall
prescribe
rules
to
implement
this
12

subsection.
13

c.
Unless
the
court
otherwise
orders,
notice
of
a
motion
14

for
preference
shall
be
served
with
the
petition
by
the
party
15

serving
the
petition,
or
ten
days
after
such
service
by
any
16

other
party.
17

Sec.
2.
Section
614.1,
subsection
12,
Code
2025,
is
amended
18

to
read
as
follows:
19

12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
20

therapist,
school
employee,
or
adult
providing
training
or
21

instruction.
An

22

a.

(1)
If
the
victim
was
eighteen
years
of
age
or
older,
23

an
action
for
damages
for
injury
suffered
as
a
result
of
24

sexual
abuse,
as
defined
in
section
709.1
,
by
a
counselor,
25

therapist,
school
employee,
or
adult
providing
training
or
26

instruction,
as
defined
in
section
709.15
,
or
as
a
result
of

27

sexual
exploitation
by
a
counselor,
therapist,
school
employee,
28

or
adult
providing
training
or
instruction
shall
be
brought
29

within
five
years
of
the
date
the
victim
was
last
treated
by
30

the
counselor
or
therapist,
or
within
five
years
of
the
date
31

the
victim
was
last
enrolled
in
or
attended
the
school.
32

(2)

If
the
victim
was
a
minor,
an
action
for
damages
for
33

injury
suffered
as
a
result
of
sexual
abuse,
as
defined
in

34

section
709.1,
by
a
counselor,
therapist,
school
employee,
or
35

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364

adult
providing
training
or
instruction,
as
defined
in
section
1

709.15,
or
as
a
result
of
sexual
exploitation
by
a
counselor,

2

therapist,
school
employee,
or
adult
providing
training
or
3

instruction
shall
be
brought
within
ten
years
of
the
date
4

the
victim
was
last
treated
by
the
counselor
or
therapist,

5

within
ten
years
of
the
date
the
victim
was
last
enrolled
in
or

6

attended
the
school,
or
within
ten
years
from
the
attainment
of
7

majority,
whichever
is
later.
8

b.

(1)
Notwithstanding
paragraph
“a”
,
subparagraph
(2),
9

every
claim
or
cause
of
action
brought
against
any
party
10

alleging
intentional
or
negligent
acts
or
omissions
by
a
person

11

for
physical,
psychological,
or
other
injury
or
condition
12

suffered
as
a
result
of
conduct
which
would
constitute
sexual
13

abuse,
as
defined
in
section
709.1,
by
a
counselor,
therapist,

14

school
employee,
or
adult
providing
training
or
instruction,
15

as
defined
in
section
709.15,
or
as
a
result
of
sexual
16

exploitation
by
a
counselor,
therapist,
school
employee,
or
17

adult
providing
training
or
instruction,
which
is
barred
as
of

18

the
effective
date
of
this
Act
because
the
applicable
period
of

19

limitation
has
expired
or
the
plaintiff
previously
failed
to
20

file
a
petition,
is
hereby
revived,
and
action
thereon
may
be

21

commenced
not
later
than
three
years
after
the
effective
date
22

of
this
Act.

23

(2)
Dismissal
of
a
previous
action,
ordered
before
the
24

effective
date
of
this
Act,
on
grounds
that
such
previous
25

action
was
time-barred,
or
for
failure
of
a
party
to
file
a
26

petition,
shall
not
be
grounds
for
dismissal
of
a
revival
27

action
pursuant
to
this
paragraph.
28

(3)
This
paragraph
is
repealed
July
1,
2031.
29

Sec.
3.
Section
614.8,
subsection
2,
Code
2025,
is
amended

30

to
read
as
follows:
31

2.
Except
as
provided
in
section
614.1,
subsection
9
or

32

12,
or
section
614.8A
,
the
times
limited
for
actions
in
this
33

chapter
,
or
chapter
216
,
659A
,
669
,
or
670
,
except
those
34

brought
for
penalties
and
forfeitures,
are
extended
in
favor
35

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S.F.
364

of
minors,
so
that
they
shall
have
one
year
from
and
after
1

attainment
of
majority
within
which
to
file
a
complaint
2

pursuant
to
chapter
216
,
to
make
a
claim
pursuant
to
chapter
3

669
,
or
to
otherwise
commence
an
action.
4

Sec.
4.
Section
614.8A,
Code
2025,
is
amended
by
striking
5

the
section
and
inserting
in
lieu
thereof
the
following:
6

614.8A
Commencement
of
action
f