HF 2843

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to statutory limitations; modifying the 
  1.3             limitation period for bringing an action for damages 
  1.4             based on sexual abuse; amending Minnesota Statutes 
  1.5             2000, section 541.073, subdivisions 2, 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 541.073, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [LIMITATIONS PERIOD.] (a) An action for damages 
  1.10  based on personal injury caused by sexual abuse must be 
  1.11  commenced within six years of the time the plaintiff knew or had 
  1.12  reason to know that the injury was caused by the sexual 
  1.13  abuse. before the latest of the following dates: 
  1.14     (i) six years from the age of majority, or 
  1.15     (ii) six years from the discovery by the plaintiff of both 
  1.16  the injury and the casual relationship between the injury and 
  1.17  the abuse; 
  1.18     (b) Feelings of personal responsibility by the plaintiff, 
  1.19  such as guilt, humiliation, shame, self-blame, or confusion, 
  1.20  without more, do not constitute discovery of the injury.  
  1.21     (b) (c) The plaintiff need not establish which act in a 
  1.22  continuous series of sexual abuse acts by the defendant caused 
  1.23  the injury.  
  1.24     (c) (d) The knowledge of a parent or guardian may not be 
  1.25  imputed to a minor the plaintiff.  
  2.1      (d) (e) This section does not affect the suspension of the 
  2.2   statute of limitations during a period of disability under 
  2.3   section 541.15. 
  2.4      (f) Evidence of the plaintiff's previous sexual conduct 
  2.5   with persons other than the alleged offender must not be 
  2.6   admitted nor shall any reference to such conduct be made in the 
  2.7   presence of the jury, except by court order for good cause shown.
  2.8      Sec. 2.  Minnesota Statutes 2000, section 541.073, 
  2.9   subdivision 3, is amended to read: 
  2.10     Subd. 3.  [APPLICABILITY.] This section applies to an 
  2.11  action for damages commenced against a person who caused the 
  2.12  plaintiff's personal injury either by (1) committing sexual 
  2.13  abuse against the plaintiff, or (2) negligently permitting 
  2.14  sexual abuse against the plaintiff to occur all actions for 
  2.15  damages arising from sexual abuse. 
  2.16     Sec. 3.  [EFFECTIVE DATE.] 
  2.17     Sections 1 and 2 are effective August 1, 2002, and apply to 
  2.18  actions pending on or commenced on or after that date.