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HF 48

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:34pm

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

Bill Text Versions

Engrossments
Introduction Posted on 06/12/2020

Current Version - as introduced

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A bill for an act
relating to judiciary; extending the civil statute of limitations for certain actions
by peace officers; tolling the civil statute of limitations during investigations of
peace officers; amending Minnesota Statutes 2018, sections 541.073, subdivision
2; 573.02, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 541.

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

Section 1.

Minnesota Statutes 2018, section 541.073, subdivision 2, is amended to read:


Subd. 2.

Limitations period.

(a) new text begin Except as provided in paragraph (b), new text end an action for
damages based on sexual abuse: (1) must be commenced within six years of the alleged
sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may
be commenced at any time in the case of alleged sexual abuse of an individual under the
age of 18, except as provided for in subdivision 4; and (3) must be commenced before the
plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused
a minor when that natural person was under 14 years of age.

new text begin (b) An action for damages based on sexual abuse may be commenced at any time in the
case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision
1, paragraph (c).
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end

Sec. 2.

new text begin [541.155] PERIODS OF INVESTIGATION OF PEACE OFFICER NOT
COUNTED.
new text end

new text begin (a) For purposes of this section, "peace officer" has the meaning given in section 626.84,
subdivision 1, paragraph (c).
new text end

new text begin (b) Any of the following, arising anytime after a cause of action accrued and during the
period of limitation, shall suspend the running of the period of limitation until the same is
removed:
new text end

new text begin (1) a criminal investigation of a peace officer for any conduct giving rise to the cause
of action;
new text end

new text begin (2) a criminal prosecution of a peace officer for any conduct giving rise to the cause of
action; or
new text end

new text begin (3) investigation by any political subdivision, state law enforcement agency, or the Board
of Peace Officer Standards and Training into allegations of misconduct by a peace officer
giving rise to the cause of action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 573.02, subdivision 1, is amended to read:


Subdivision 1.

Death action.

When death is caused by the wrongful act or omission of
any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. new text begin An action to recover damages for a death caused by a peace officer,
as defined in section 626.84, subdivision 1, paragraph (c), may be commenced at any time
after the death of the decedent.
new text end Any other action under this section may be commenced
within three years after the date of death provided that the action must be commenced within
six years after the act or omission. The recovery in the action is the amount the jury deems
fair and just in reference to the pecuniary loss resulting from the death, and shall be for the
exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The court then determines the proportionate pecuniary
loss of the persons entitled to the recovery and orders distribution accordingly. Funeral
expenses and any demand for the support of the decedent allowed by the court having
jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as
provided in section 549.20.

If an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery of damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end