HF 1765

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; clarifying the delayed 
  1.3             discovery rule governing the statute of limitations 
  1.4             for damages due to sexual abuse; amending Minnesota 
  1.5             Statutes 1998, section 541.073. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 541.073, is 
  1.8   amended to read: 
  1.9      541.073 [ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL 
  1.10  PROVISIONS; DELAYED DISCOVERY RULE.] 
  1.11     Subdivision 1.  [DEFINITION DEFINITIONS.] As used in this 
  1.12  section,: 
  1.13     (1) "injury" includes a physical, psychological, or 
  1.14  emotional injury, harm, or dysfunction, and includes injury that 
  1.15  is latent or may not develop or manifest itself for an extended 
  1.16  period of time after the sexual abuse; and 
  1.17     (2) "sexual abuse" means conduct described in sections 
  1.18  609.342 to 609.345. 
  1.19     Subd. 2.  [LIMITATIONS PERIOD.] (a) An action for damages 
  1.20  based on personal injury caused by sexual abuse must be 
  1.21  commenced within the later of: 
  1.22     (1) six years of the occurrence of the last act 
  1.23  constituting the sexual abuse; or 
  1.24     (2) six years of the time the plaintiff both: 
  1.25     (i) knew or had reason to know of the existence of all of 
  2.1   the injuries for which recovery is sought; and 
  2.2      (ii) knew or had reason to know that the injury was caused 
  2.3   by the sexual abuse.  
  2.4      (b) The plaintiff need not establish which act in a 
  2.5   continuous series of sexual abuse acts by the defendant caused 
  2.6   the injury.  
  2.7      (c) The knowledge of a parent or guardian may not be 
  2.8   imputed to a minor.  
  2.9      (d) This section does not affect the suspension of the 
  2.10  statute of limitations during a period of disability under 
  2.11  section 541.15. 
  2.12     Subd. 3.  [APPLICABILITY.] This section applies to an 
  2.13  action for damages commenced against a person who caused the 
  2.14  plaintiff's personal injury either by (1) committing sexual 
  2.15  abuse against the plaintiff, or (2) negligently permitting 
  2.16  sexual abuse against the plaintiff to occur. 
  2.17     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.18     Section 1 is effective the day following final enactment 
  2.19  and applies to actions pending on or commenced on or after the 
  2.20  effective date.