Senate File 2431 - Enrolled
Senate File 2431
AN ACT
RELATING TO THE PERIODS OF TIME TO BRING CIVIL ACTIONS FOR
INJURIES THAT RESULT FROM SEX OFFENSES AGAINST MINORS FOR
THE PURPOSE OF FILING CLAIMS AGAINST THE BANKRUPTCY ESTATE
OF A CONGRESSIONALLY CHARTERED ORGANIZATION, AND INCLUDING
EFFECTIVE DATE AND RETROACTIVE APPLICABILITY PROVISIONS.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. STATUTE OF LIMITATION MODIFICATION ——
2 LEGISLATIVE FINDINGS. It is the finding of the general
3 assembly that the following facts and circumstances are
4 conditions precedent to this modification of an existing Iowa
5 statute of limitation:
6 1. That legislatively created, after-the-fact exceptions to
7 the operation of civil statutes of limitation are, in general,
8 poor public policy.
9 2. Such exceptions tend to erode the rule of law, respect
10 for the doctrine of equal protection, and due regard for the
11 sanctity of contracts.
12 3. Notwithstanding such principles, various parties have
13 represented to the general assembly that a defined and discreet
14 group of Iowa sexual abuse victims face a grotesque miscarriage
15 of justice if the operation of sections 614.1 and 614.8 is not
16 suspended for their benefit.
17 4. These parties have also represented to the general
18 assembly that the circumstances surrounding the lawsuits
19 are unlikely to reoccur, and that the proposed retroactive
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20 enlargement of the statute of limitation will not injure any
21 third party who has not already consented to settlement of
22 their interests.
23 5. But for the unusual and exceptionally rare circumstances
24 represented to be present, an after-the-fact enlargement of a
25 statute of limitation would not be considered.
26 6. The action taken by the general assembly in this matter
27 is not to be considered or offered in the future as creating
28 a precedent for future legislative action by the general
29 assembly.
30 Sec. 2. CHILD SEXUAL ABUSE CIVIL ACTIONS AGAINST A
31 BANKRUPTCY ESTATE OF A CONGRESSIONALLY CHARTERED ORGANIZATION
32 —— EXCEPTION TO TIME LIMITATION.
33 1. Notwithstanding section 614.8, subsection 2, and section
34 614.8A, if an individual entitled to commence any of the
35 actions enumerated in chapter 614 was a child at the time the
1 right accrued, an action for injury may be commenced by or on
2 behalf of the injured individual at any time, notwithstanding
3 any then applicable statute of limitation, if all of the
4 following are true:
5 a. The injury upon which the action is based arises from
6 a sex offense enumerated in section 692A.102, regardless of
7 whether a criminal complaint was filed or a criminal conviction
8 was obtained.
9 b. The action is barred due to the expiration of the statute
10 of limitations period described in section 614.8, subsection 2,
11 or section 614.8A.
12 c. The action is for purposes of making a claim in a
13 bankruptcy proceeding that was initiated on February 18, 2020.
14 d. The claim is against the bankruptcy estate of a
15 congressionally chartered organization.
16 2. An action brought under subsection 1 may only be
17 commenced against an entity seeking bankruptcy protection as
18 provided in subsection 1 and not against any other person or
19 entity.
20 3. For purposes of this section, “child” means any person
21 under the age of eighteen years.
22 Sec. 3. FUTURE REPEAL. This Act is repealed December 31,
23 2026.
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24 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
25 importance, takes effect upon enactment.
26 Sec. 5. RETROACTIVE APPLICABILITY. This Act applies
27 retroactively to injuries resulting from sex offenses that
28 occurred prior to the effective date of this Act, irrespective
29 of any statute of limitation in effect at the time the offense
30 occurred.
______________________________ ______________________________
AMY SINCLAIR PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2431, Ninetieth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2024 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 614.8
Reprinted: 614.8
Enrolled: 614.1