HF 1720

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; modifying the limitation
period for civil actions for personal injury based on
sexual abuse; amending Minnesota Statutes 2004,
section 541.073.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 541.073, is
amended to read:

541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE deleted text begin ; SPECIAL
PROVISIONS deleted text end .

Subdivision 1.

Definition.

As used in this section,
"sexual abuse" means conduct described in sections 609.342 to
609.345.

new text begin Subd. 1a. new text end

new text begin General provisions. new text end

new text begin (a) The plaintiff need not
establish which act in a continuous series of sexual abuse acts
by the defendant caused the injury.
new text end

new text begin (b) The knowledge of a parent or guardian may not be
imputed to a minor.
new text end

new text begin (c) This section does not affect the suspension of the
statute of limitations during a period of disability under
section 541.15.
new text end

Subd. 2.

Limitations period new text begin for abuse committed against
an adult new text end .

deleted text begin (a) deleted text end An action for damages based on personal injury
caused by sexual abuse new text begin committed against an adult new text end must be
commenced within six years of the time the plaintiff deleted text begin knew or had
reason to know that the injury was caused by the sexual
abuse deleted text end new text begin was sexually abused new text end .

deleted text begin (b) The plaintiff need not establish which act in a
continuous series of sexual abuse acts by the defendant caused
the injury.
deleted text end

deleted text begin (c) The knowledge of a parent or guardian may not be
imputed to a minor.
deleted text end

deleted text begin (d) This section does not affect the suspension of the
statute of limitations during a period of disability under
section 541.15.
deleted text end

new text begin Subd. 2a. new text end

new text begin Limitations period for abuse committed against
a minor. new text end

new text begin (a) An action for damages based on personal injury
caused by sexual abuse committed against a minor must be
commenced within the later of:
new text end

new text begin (1) six years of the age of majority;
new text end

new text begin (2) six years of the time that the plaintiff reports the
abuse to a law enforcement agency; or
new text end

new text begin (3) six years of the time that the plaintiff fully
comprehends the causal connection between the sexual abuse which
occurred and the injury resulting from the abuse. The time of
comprehension must be determined by medical or psychological
testimony.
new text end

new text begin (b) Paragraph (a), clauses (2) and (3), only apply to an
entity or person that was not the abuser if that entity or
person either:
new text end

new text begin (1) knew of, or was otherwise on notice of, any unlawful
sexual conduct by the employee, volunteer, representative, or
agent, before the plaintiff was last abused;
new text end

new text begin (2) failed to use ordinary care in supervising or retaining
the employee, volunteer, representative, or agent, or failed to
implement reasonable safeguards in order to protect the minor
from unlawful sexual conduct by the employee, volunteer,
representative, or agent, before the plaintiff was last abused.
new text end

new text begin The plaintiff bears the burden of proof under this section to
show by a preponderance of the evidence that the limitations
period has not expired.
new text end

Subd. 3.

Applicability.

This section applies to an
action for damages commenced against a person who caused the
plaintiff's personal injury either by (1) committing sexual
abuse against the plaintiff, or (2) negligently permitting
sexual abuse against the plaintiff to occur.

Sec. 2. new text begin REVIVAL OF CERTAIN CLAIMS.
new text end

new text begin Notwithstanding any other provision of law, a plaintiff
whose claim would be barred under section 1, and who was not
able to bring an action after April 19, 1996, because of the
statute of limitations, has until August 1, 2006, to commence a
cause of action for damages based on personal injury caused by
sexual abuse.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2005, and applies to all
actions pending on or commenced on or after that date.
new text end