HF 1239

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; modifying the limitation period for civil actions
involving sexual abuse; proposing coding for new law in Minnesota Statutes,
chapter 541; repealing Minnesota Statutes 2006, section 541.073.

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

Section 1.

new text begin [541.077] ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

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

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies to actions based on personal injury
caused by sexual abuse committed against an adult or minor.
new text end

new text begin Subd. 3. new text end

new text begin No limitations period in certain cases. new text end

new text begin There is no limitations period for
an action against the person who committed sexual abuse against the victim.
new text end

new text begin Subd. 4. new text end

new text begin Limitations period. new text end

new text begin (a) An action against a person who negligently
permitted sexual abuse to occur to an adult must be commenced within six years of the
last incident of sexual abuse.
new text end

new text begin (b) An action against a person who negligently permitted sexual abuse to occur to a
minor must be commenced before the victim reaches 35 years of age.
new text end

new text begin Subd. 5. new text end

new text begin Not applicable to vicarious liability or respondeat superior claims.
new text end

new text begin This section does not apply to a claim based on vicarious liability or liability under the
doctrine of respondeat superior. This subdivision does not limit the availability of these
claims under other law.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 541.073, new text end new text begin is repealed.
new text end

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

new text begin This act is effective the day following final enactment and applies to actions pending
on or commenced on or after that date, regardless of any previous statute of limitations.
new text end