Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 717

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/06/2021 06:29pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9
2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10

A bill for an act
relating to judiciary; extending the civil statute of limitations for certain actions
by peace officers; amending Minnesota Statutes 2020, sections 541.073, subdivision
2; 573.02, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 541.073, subdivision 2, is amended to read:


Subd. 2.

Limitations period.

(a) new text beginExcept as provided in paragraph (b), new text endan action for
damages based on sexual abuse: (1) must be commenced within six years of the 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, except as provided for in subdivision 4; and (3) must be commenced before the
plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused
a minor when that natural person was under 14 years of age.

new text begin (b) An action for damages based on sexual abuse may be commenced at any time in the
case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision
1, paragraph (c).
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin (a) This section is effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions that were not time-barred
before the effective date.
new text end

new text begin (b) Notwithstanding any other provision of law, in the case of alleged sexual abuse of
an individual by a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision
1, paragraph (c), if the action would otherwise be time-barred under a previous version of
Minnesota Statutes, section 541.073, or other time limit, an action for damages against a
peace officer may be commenced no later than five years following the effective date of
this section.
new text end

Sec. 2.

Minnesota Statutes 2020, section 573.02, subdivision 1, is amended to read:


Subdivision 1.

Death action.

new text begin(a) new text endWhen death is caused by the wrongful act or omission
of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. new text beginAn action to recover damages for a death caused by a peace officer,
as defined in section 626.84, subdivision 1, paragraph (c), may be commenced at any time
after the death of the decedent.
new text endAny other action under this section may be commenced
within three years after the date of death provided that the action must be commenced within
six years after the act or omission. The recovery in the action is the amount the jury deems
fair and just in reference to the pecuniary loss resulting from the death, and shall be for the
exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The court then determines the proportionate pecuniary
loss of the persons entitled to the recovery and orders distribution accordingly. Funeral
expenses and any demand for the support of the decedent allowed by the court having
jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as
provided in section 549.20.

new text begin (b) new text endIf an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery of damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.

new text begin EFFECTIVE DATE. new text end

new text begin (a) This section is effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions that were not time-barred
before the effective date.
new text end

new text begin (b) Notwithstanding any other provision of law, in the case of a death caused by a peace
officer, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if
the action would otherwise be time-barred under a previous version of Minnesota Statutes,
section 573.02, or other time limit, an action for damages against a peace officer may be
commenced no later than five years following the effective date of this section.
new text end