SF 575

as introduced - 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             childhood sexual abuse; amending Minnesota Statutes 
  1.5             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; SPECIAL 
  1.10  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) An action for damages 
  1.15  based on personal injury caused by sexual abuse must be 
  1.16  commenced within six years of the time the plaintiff knew or had 
  1.17  reason to know that the injury was caused by the sexual 
  1.18  abuse Notwithstanding any other provision of law, any action for 
  1.19  damages based on personal injury caused by childhood sexual 
  1.20  abuse may be brought by a plaintiff within 30 years of the date 
  1.21  the plaintiff reaches the age of majority, or within six years 
  1.22  of the date the plaintiff discovers both the injury and the 
  1.23  causal relationship between the injury and the abuse, whichever 
  1.24  is later. 
  1.25     (b) Knowledge of the abuse does not constitute discovery of 
  2.1   the injury or the causal relationship between the injury and the 
  2.2   abuse.  A plaintiff's feelings of confusion or personal 
  2.3   responsibility such as guilt, humiliation, shame, self-blame, or 
  2.4   confusion do not constitute discovery of the injury. 
  2.5      (c) The plaintiff need not establish which act in a 
  2.6   continuous series of sexual abuse acts by the defendant caused 
  2.7   the injury.  
  2.8      (c) (d) The knowledge of a parent or guardian may not be 
  2.9   imputed to a minor.  
  2.10     (d) (e) This section does not affect the suspension of the 
  2.11  statute of limitations during a period of disability under 
  2.12  section 541.15. 
  2.13     Subd. 3.  [APPLICABILITY.] This section applies to an 
  2.14  action for damages commenced against a person who caused the 
  2.15  plaintiff's personal injury either by (1) committing sexual 
  2.16  abuse against the plaintiff, or (2) negligently permitting 
  2.17  sexual abuse against the plaintiff to occur. 
  2.18     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.19     (a) Section 1 is effective August 1, 2003, and applies to 
  2.20  any cause of action against any person or entity for damages 
  2.21  based on personal injury caused by childhood sexual abuse 
  2.22  accruing before, on, or after the effective date. 
  2.23     (b) Notwithstanding any other provision of law, including 
  2.24  section 1, a plaintiff whose claim was terminated or 
  2.25  extinguished on the basis of a previous statute of limitations, 
  2.26  or was or would be otherwise time-barred, has until August 1, 
  2.27  2004, to commence an action for damages based on personal injury 
  2.28  caused by childhood sexual abuse.