SF 575

1st Unofficial Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; modifying the limitation 
  1.3             period for civil actions for personal injury based on 
  1.4             sexual abuse against a minor; amending Minnesota 
  1.5             Statutes 2002, section 541.073. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 541.073, is 
  1.8   amended to read: 
  1.9      541.073 [ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE AGAINST A 
  1.10  MINOR; SPECIAL PROVISIONS.] 
  1.11     Subdivision 1.  [DEFINITION.] As used in this section, 
  1.12  "sexual abuse" means conduct described in sections 609.342 to 
  1.13  609.345 committed against a minor. 
  1.14     Subd. 2.  [LIMITATIONS PERIOD.] (a) The limitation period 
  1.15  in this section applies to an action for damages based on 
  1.16  personal injury caused by sexual abuse against a minor if the 
  1.17  sexual abuse is reported to law enforcement.  In such a case, an 
  1.18  action must be commenced within six years of the time the 
  1.19  plaintiff knew or had reason to know that the injury was caused 
  1.20  by the sexual abuse as follows: 
  1.21     (1) if the sexual abuse is reported to law enforcement 
  1.22  while the victim is a minor, an action may be brought within 
  1.23  nine years after the plaintiff reaches the age of majority; 
  1.24     (2) if the abuse is reported to law enforcement after the 
  1.25  plaintiff reaches the age of majority, the plaintiff may bring 
  2.1   an action within five years after reporting to law enforcement, 
  2.2   but not later than nine years after reaching the age of 
  2.3   majority; or 
  2.4      (3) if physical evidence is collected and preserved that is 
  2.5   capable of being tested for its DNA characteristics, an action 
  2.6   may be commenced against the person who committed sexual abuse 
  2.7   against the plaintiff at any time.  
  2.8      (b) The plaintiff need not establish which act in a 
  2.9   continuous series of sexual abuse acts by the defendant caused 
  2.10  the injury.  
  2.11     (c) The knowledge of a parent or guardian may not be 
  2.12  imputed to a minor.  
  2.13     (d) This section does not affect the suspension of the 
  2.14  statute of limitations during a period of disability under 
  2.15  section 541.15. 
  2.16     Subd. 2a.  [ACTION FOR DECLARATORY RELIEF.] (a) An 
  2.17  equitable action for declaratory relief establishing that the 
  2.18  plaintiff was sexually abused as a minor may be brought at any 
  2.19  time and is not subject to a statute of limitations.  Except as 
  2.20  provided in paragraph (b), a plaintiff who prevails in an action 
  2.21  under this paragraph is entitled to costs, disbursements, and 
  2.22  reasonable attorney fees, including costs incurred in connection 
  2.23  with discovery. 
  2.24     (b) A plaintiff is not entitled to recover attorney fees if 
  2.25  the defendant admits the allegations within 60 days of filing 
  2.26  the complaint. 
  2.27     (c) This subdivision does not allow a claim for damages 
  2.28  otherwise barred under subdivision 2 and is not applicable until 
  2.29  the statute of limitations in subdivision 2 has expired. 
  2.30     Subd. 3.  [APPLICABILITY.] This section applies to an 
  2.31  action for damages commenced against a person who caused the 
  2.32  plaintiff's personal injury either by (1) committing sexual 
  2.33  abuse against the plaintiff, or (2) negligently permitting 
  2.34  sexual abuse against the plaintiff to occur. 
  2.35     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.36     Section 1 is effective August 1, 2003, and applies to 
  3.1   actions commenced on or after that date.