HF 681

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/09/2013 09:20 a.m.

1.1A bill for an act 1.2relating to civil actions; changing the limitation period for civil actions involving 1.3sexual abuse;amending Minnesota Statutes 2012, section 541.073. 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5    Section 1. Minnesota Statutes 2012, section 541.073, is amended to read: 1.6541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL 1.7PROVISIONS. 1.8    Subdivision 1. Definition. As used in this section, new text begin : new text end 1.9 new text begin (1) new text end "sexual abuse" means conduct described in sections 609.342 to 609.345 1.10 new text begin 609.3451; and new text end 1.11 new text begin (2) "person" includes a natural person, corporation, limited liability company, new text end 1.12 new text begin partnership, organization, association, or other entity new text end . 1.13    Subd. 2. Limitations period. (a) An action for damages based on personal injury 1.14caused by sexual abuse new text begin : (1) new text end must be commenced within six years of the time the plaintiff 1.15knew or had reason to know that the injury was caused by the sexual abuse new text begin alleged sexual new text end 1.16 new text begin abuse in the case of alleged sexual abuse of an individual 18 years or older; and (2) subject new text end 1.17 new text begin to subdivision 4, may be commenced at any time in the case of alleged sexual abuse of an new text end 1.18 new text begin individual under the age of 18 new text end . 1.19(b) The plaintiff need not establish which act in a continuous series of sexual abuse 1.20acts by the defendant caused the injury. 1.21(c) The knowledge of a parent or guardian may not be imputed to a minor. 1.22(d) new text begin (c) new text end This section does not affect the suspension of the statute of limitations during 1.23a period of disability under section 541.15. 2.1    Subd. 3. Applicability. This section applies to an action for damages commenced 2.2against a person who caused new text begin was a cause of new text end the plaintiff's personal injury new text begin damages new text end either 2.3by (1) committing sexual abuse against the plaintiff, or (2) negligently permitting sexual 2.4abuse against the plaintiff to occur new text begin negligence new text end . 2.5     new text begin Subd. 4. new text end new text begin Vicarious liability or respondeat superior claims. new text end new text begin A claim for vicarious new text end 2.6 new text begin liability or liability under the doctrine of respondeat superior must be commenced within new text end 2.7 new text begin six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at new text end 2.8 new text begin the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years new text end 2.9 new text begin of age. This subdivision does not limit the availability of these claims under other law. new text end 2.10     new text begin Subd. 5. new text end new text begin Title. new text end new text begin This section may be cited as the "Child Victims Act." new text end 2.11 new text begin EFFECTIVE DATE; APPLICABILITY. new text end new text begin (a) This section is effective the day new text end 2.12 new text begin following final enactment. Except as provided in paragraph (b), this section applies to new text end 2.13 new text begin actions that were not time-barred before the effective date. new text end 2.14 new text begin (b) Notwithstanding any other provision of law, in the case of alleged sexual abuse new text end 2.15 new text begin of an individual under the age of 18, if the action would otherwise be time-barred new text end 2.16 new text begin under a previous version of Minnesota Statutes, section 541.073, or other time limit, an new text end 2.17 new text begin action against a person, as defined in section 541.073, subdivision 1, clause (2), may be new text end 2.18 new text begin commenced no later than three years following the effective date of this section. This new text end 2.19 new text begin paragraph does not apply to a claim for vicarious liability or respondeat superior, but does new text end 2.20 new text begin apply to other claims, including negligence. This paragraph applies to actions pending on new text end 2.21 new text begin or commenced on or after the effective date. new text end