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HF 681

as introduced - 88th Legislature (2013 - 2014) Posted on 02/18/2013 01:41pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to civil actions; changing the limitation period for civil actions involving
sexual abuse; amending Minnesota Statutes 2012, section 541.073.

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

Section 1.

Minnesota Statutes 2012, 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 sectiondeleted text begin ,deleted text end new text begin :new text end

new text begin (1) new text end "sexual abuse" means conduct described in sections 609.342 to deleted text begin 609.345
deleted text end new text begin 609.3451; and
new text end

new text begin (2) "person" includes the definition given in section 645.44new text end .

Subd. 2.

Limitations period.

(a) An action for damages based on deleted text begin personal injury
caused bydeleted text end sexual abusenew text begin : (1)new text end must be commenced within six years of the deleted text begin time the plaintiff
knew or had reason to know that the injury was caused by the sexual abusedeleted text end new text begin alleged
sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; and
(2) may be commenced at any time in the case of alleged sexual abuse of an individual
under the age of 18new text end .

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

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

deleted text begin (d)deleted text end new text begin (c)new text end This section does not affect the suspension of the statute of limitations during
a period of disability under section 541.15.

Subd. 3.

Applicability.

This section applies to an action for damages commenced
against a person deleted text begin 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 occurdeleted text end new text begin , corporation, organization, or other entity that is a cause of the plaintiff's damagesnew text end .

new text begin Subd. 4. 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

new text begin EFFECTIVE DATE. 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.
 new text end