HF 1720

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; modifying the limitation
period for civil actions for personal injury based on
sexual abuse; amending Minnesota Statutes 2004,
section 541.073.

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

Section 1.

Minnesota Statutes 2004, 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
609.345.

Subd. 1a.

General provisions.

(a) The plaintiff need not
establish which act in a continuous series of sexual abuse acts
by the defendant caused the injury.

(b) The knowledge of a parent or guardian may not be
imputed to a minor.

(c) This section does not affect the suspension of the
statute of limitations during a period of disability under
section 541.15.

Subd. 2.

Limitations period for abuse committed against
an adult.

(a) An action for damages based on personal injury
caused by sexual abuse committed against an adult 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 was sexually abused.

(b) The plaintiff need not establish which act in a
continuous series of sexual abuse acts by the defendant caused
the injury.

(c) The knowledge of a parent or guardian may not be
imputed to a minor.

(d) This section does not affect the suspension of the
statute of limitations during a period of disability under
section 541.15.

Subd. 2a.

Limitations period for abuse committed against
a minor.

(a) An action for damages based on personal injury
caused by sexual abuse committed against a minor must be
commenced within the later of:

(1) six years of the age of majority;

(2) six years of the time that the plaintiff reports the
abuse to a law enforcement agency; or

(3) six years of the time that the plaintiff fully
comprehends the causal connection between the sexual abuse which
occurred and the injury resulting from the abuse. The time of
comprehension must be determined by medical or psychological
testimony.

(b) Paragraph (a), clauses (2) and (3), only apply to an
entity or person that was not the abuser if that entity or
person either:

(1) knew of, or was otherwise on notice of, any unlawful
sexual conduct by the employee, volunteer, representative, or
agent, before the plaintiff was last abused;

(2) failed to use ordinary care in supervising or retaining
the employee, volunteer, representative, or agent, or failed to
implement reasonable safeguards in order to protect the minor
from unlawful sexual conduct by the employee, volunteer,
representative, or agent, before the plaintiff was last abused.

The plaintiff bears the burden of proof under this section to
show by a preponderance of the evidence that the limitations
period has not expired.

Subd. 3.

Applicability.

This section applies to an
action for damages commenced against a person who caused the
plaintiff's personal injury either by (1) committing sexual
abuse against the plaintiff, or (2) negligently permitting
sexual abuse against the plaintiff to occur.

Sec. 2. REVIVAL OF CERTAIN CLAIMS.

Notwithstanding any other provision of law, a plaintiff
whose claim would be barred under section 1, and who was not
able to bring an action after April 19, 1996, because of the
statute of limitations, has until August 1, 2006, to commence a
cause of action for damages based on personal injury caused by
sexual abuse.

Sec. 3. EFFECTIVE DATE.

Section 1 is effective August 1, 2005, and applies to all
actions pending on or commenced on or after that date.