Minnesota Legislature
HF 681
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/09/2013 09:20am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to civil actions; changing the limitation period for civil actions involving
1.3sexual abuse;amending Minnesota Statutes 2012, section 541.073.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 541.073, is amended to read:
1.6541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL
1.7PROVISIONS.
1.8 Subdivision 1. Definition. As used in this section,:
1.9(1) "sexual abuse" means conduct described in sections609.342 to
609.345
1.10
1.11(2) "person" includes a natural person, corporation, limited liability company,
1.12partnership, organization, association, or other entity.
1.13 Subd. 2. Limitations period. (a) An action for damages based onpersonal injury
1.14caused by sexual abuse: (1) must be commenced within six years of the time the plaintiff
1.15knew or had reason to know that the injury was caused by the sexual abuse alleged sexual
1.16abuse in the case of alleged sexual abuse of an individual 18 years or older; and (2) subject
1.17to subdivision 4, may be commenced at any time in the case of alleged sexual abuse of an
1.18individual under the age of 18.
1.19(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.20acts by the defendant caused the injury.
1.21(c) The knowledge of a parent or guardian may not be imputed to a minor.
1.22(d) (c) This section does not affect the suspension of the statute of limitations during
1.23a period of disability under section541.15 .
2.1 Subd. 3. Applicability. This section applies to an action for damages commenced
2.2against a person whocaused was a cause of the plaintiff's personal injury damages either
2.3by (1) committing sexual abuse against the plaintiff, or (2)negligently permitting sexual
2.4abuse against the plaintiff to occur negligence.
2.5 Subd. 4. Vicarious liability or respondeat superior claims. A claim for vicarious
2.6liability or liability under the doctrine of respondeat superior must be commenced within
2.7six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at
2.8the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years
2.9of age. This subdivision does not limit the availability of these claims under other law.
2.10 Subd. 5. Title. This section may be cited as the "Child Victims Act."
2.11EFFECTIVE DATE; APPLICABILITY.(a) This section is effective the day
2.12following final enactment. Except as provided in paragraph (b), this section applies to
2.13actions that were not time-barred before the effective date.
2.14(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
2.15of an individual under the age of 18, if the action would otherwise be time-barred
2.16under a previous version of Minnesota Statutes, section 541.073, or other time limit, an
2.17action against a person, as defined in section 541.073, subdivision 1, clause (2), may be
2.18commenced no later than three years following the effective date of this section. This
2.19paragraph does not apply to a claim for vicarious liability or respondeat superior, but does
2.20apply to other claims, including negligence. This paragraph applies to actions pending on
2.21or commenced on or after the effective date.
1.3sexual abuse;amending Minnesota Statutes 2012, section 541.073.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 541.073, is amended to read:
1.6541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL
1.7PROVISIONS.
1.8 Subdivision 1. Definition. As used in this section
1.9(1) "sexual abuse" means conduct described in sections
1.10
1.11(2) "person" includes a natural person, corporation, limited liability company,
1.12partnership, organization, association, or other entity.
1.13 Subd. 2. Limitations period. (a) An action for damages based on
1.14
1.15
1.16abuse in the case of alleged sexual abuse of an individual 18 years or older; and (2) subject
1.17to subdivision 4, may be commenced at any time in the case of alleged sexual abuse of an
1.18individual under the age of 18.
1.19(b) The plaintiff need not establish which act in a continuous series of sexual abuse
1.20acts by the defendant caused the injury.
1.21
1.22
1.23a period of disability under section
2.1 Subd. 3. Applicability. This section applies to an action for damages commenced
2.2against a person who
2.3by (1) committing sexual abuse against the plaintiff, or (2)
2.4
2.5 Subd. 4. Vicarious liability or respondeat superior claims. A claim for vicarious
2.6liability or liability under the doctrine of respondeat superior must be commenced within
2.7six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at
2.8the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years
2.9of age. This subdivision does not limit the availability of these claims under other law.
2.10 Subd. 5. Title. This section may be cited as the "Child Victims Act."
2.11EFFECTIVE DATE; APPLICABILITY.(a) This section is effective the day
2.12following final enactment. Except as provided in paragraph (b), this section applies to
2.13actions that were not time-barred before the effective date.
2.14(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
2.15of an individual under the age of 18, if the action would otherwise be time-barred
2.16under a previous version of Minnesota Statutes, section 541.073, or other time limit, an
2.17action against a person, as defined in section 541.073, subdivision 1, clause (2), may be
2.18commenced no later than three years following the effective date of this section. This
2.19paragraph does not apply to a claim for vicarious liability or respondeat superior, but does
2.20apply to other claims, including negligence. This paragraph applies to actions pending on
2.21or commenced on or after the effective date.