HF 386

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; modifying the limitation 
  1.3             period for civil actions for personal injury based on 
  1.4             childhood sexual abuse; amending Minnesota Statutes 
  1.5             2002, section 541.073.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 541.073, is 
  1.8   amended to read: 
  1.9      541.073 [ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE AGAINST A 
  1.10  MINOR; SPECIAL PROVISIONS.] 
  1.11     Subdivision 1.  [DEFINITION.] As used in this section, 
  1.12  "sexual abuse" means conduct described in sections 609.342 to 
  1.13  609.345 committed against a minor. 
  1.14     Subd. 2.  [LIMITATIONS PERIOD.] (a) The limitation period 
  1.15  in this section applies to an action for damages based on 
  1.16  personal injury caused by sexual abuse against a minor if the 
  1.17  sexual abuse is reported to law enforcement.  In such a case, an 
  1.18  action must be commenced within six years of the time the 
  1.19  plaintiff knew or had reason to know that the injury was caused 
  1.20  by the sexual abuse five years after a report of sexual abuse is 
  1.21  made to law enforcement, but not later than nine years after the 
  1.22  sexual abuse occurs, except as follows: 
  1.23     (1) if the sexual abuse is reported to law enforcement 
  1.24  while the victim is a minor, an action may be brought within 14 
  1.25  years after the plaintiff reaches the age of majority; or 
  2.1      (2) if physical evidence is collected and preserved that is 
  2.2   capable of being tested for its DNA characteristics, an action 
  2.3   may be commenced against the person who committed sexual abuse 
  2.4   against the plaintiff at any time.  
  2.5      (b) The plaintiff need not establish which act in a 
  2.6   continuous series of sexual abuse acts by the defendant caused 
  2.7   the injury.  
  2.8      (c) The knowledge of a parent or guardian may not be 
  2.9   imputed to a minor.  
  2.10     (d) This section does not affect the suspension of the 
  2.11  statute of limitations during a period of disability under 
  2.12  section 541.15. 
  2.13     Subd. 3.  [APPLICABILITY.] This section applies to an 
  2.14  action for damages commenced against a person who caused the 
  2.15  plaintiff's personal injury either by (1) committing sexual 
  2.16  abuse against the plaintiff, or (2) negligently permitting 
  2.17  sexual abuse against the plaintiff to occur. 
  2.18     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.19     This section is effective August 1, 2003, and applies to 
  2.20  actions commenced on or after that date.