HF 681

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/02/2013 08:03am

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 section deleted 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 a natural person, corporation, limited liability company,
partnership, organization, association, or other entity new text end .

Subd. 2.

Limitations period.

(a) An action for damages based on deleted text begin personal injury
caused by deleted text end sexual abuse new 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 abuse deleted text end new text begin alleged sexual
abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be
commenced at any time in the case of alleged sexual abuse of an individual under the
age of 18; and (3) must be commenced within six years of the alleged sexual abuse in a
case where the individual defendant is 16 years old or younger at the time of the alleged
abuse, except when the plaintiff was under 18 at the time of the alleged abuse and then
no later than the plaintiff's 24th birthday new 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 who caused the plaintiff's personal injury either by (1) committing sexual
abuse against the plaintiff, or (2) deleted text begin negligently permitting sexual abuse against the plaintiff
deleted text end deleted text begin to occur deleted text end new text begin negligence new text end .

new text begin Subd. 4. new text end

new text begin Vicarious liability or respondeat superior claims. new text end

new text begin A claim for vicarious
liability or liability under the doctrine of respondeat superior shall be commenced within
six years of the alleged sexual abuse except when the plaintiff was under 18 at the time of
the alleged abuse and then no later than the plaintiff's 24th birthday. This subdivision does
not limit the availability of these claims under other law.
new text end

new text begin Subd. 5. 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; APPLICABILITY. new text end

new text begin (a) This section is effective the day
following final enactment and applies to conduct occurring on or after that date.
new text end

new text begin (b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
of an individual under the age of 18, if the action would otherwise be time-barred under
a previous version of Minnesota Statutes, section 541.073, or other applicable statutes
of limitations, an action for damages may be filed no later than three years following the
effective date of this section. This paragraph does not apply to an action for vicarious
liability or respondeat superior.
new text end

new text begin (c) Under paragraph (b), the liability of any municipality, as that term is defined in
Minnesota Statutes, section 466.01, shall not exceed the amount of valid and collectible
insurance, including, where applicable, proceeds from the Minnesota Insurance Guaranty
Association, which covers the claim.
new text end