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HF 2134

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil actions; clarifying and modifying the limitation period for civil
actions involving sexual abuse against a minor; appropriating money; amending
Minnesota Statutes 2006, section 541.073.

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

Section 1.

Minnesota Statutes 2006, section 541.073, is amended to read:


541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL
PROVISIONS.

Subdivision 1.

Definition.

As used in this section, "sexual abuse" means conduct
described in sections 609.342 to deleted text begin 609.345deleted text end new text begin 609.3451new text end .

Subd. 2.

Limitations period.

(a) 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 knew or had reason to know that the injury was caused by the
sexual abuse.

new text begin (b) 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 of the victim; or
new text end

new text begin (2) six years of the time that the victim fully comprehends the causal connection
between the sexual abuse and the injury resulting from the abuse.
new text end

new text begin The time of comprehension must be determined by a jury based on medical or
psychological testimony.
new text end

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

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

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

Subd. 3.

Applicability.

This section applies to an action for damages commenced
against a person who caused the deleted text begin plaintiff'sdeleted text end new text begin victim's new text end personal injury either by (1)
committing sexual abuse against the deleted text begin plaintiffdeleted text end new text begin victimnew text end , or (2) negligently permitting sexual
abuse against the deleted text begin plaintiffdeleted text end new text begin victim new text end to occur.

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the Department of Public Safety to
study, in conjunction with the National Child Protection Training Center in Winona,
Minnesota, methods for improving the reporting of sexually based crimes perpetrated on
juveniles.
new text end

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

new text begin (a) Sections 1 and 2 are effective the day following final enactment and apply to
actions pending on or commenced on or after that date.
new text end

new text begin (b) Notwithstanding any other provision of law, a minor victim whose claim would
be time-barred under section 1 or a previous version of Minnesota Statutes, section
541.073, or other applicable statute of limitations, has until August 1, 2010, to commence
an action for damages based on personal injury caused by sexual abuse.
new text end