SF 344

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; clarifying and modifying 
  1.3             the delayed discovery rule governing the statute of 
  1.4             limitations for damages due to sexual abuse; amending 
  1.5             Minnesota Statutes 1996, section 541.073. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 541.073, is 
  1.8   amended to read: 
  1.9      541.073 [ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL 
  1.10  PROVISIONS; DELAYED DISCOVERY RULE.] 
  1.11     Subdivision 1.  [DEFINITION.] As used in this section, 
  1.12  "sexual abuse" means conduct described in sections 609.342 to 
  1.13  609.345. 
  1.14     Subd. 2.  [LIMITATIONS PERIOD.] (a) Except as provided in 
  1.15  paragraphs (b) to (e), an action for damages based on personal 
  1.16  injury caused by sexual abuse must be commenced within six years 
  1.17  of the time the plaintiff knew or had reason to know that last 
  1.18  incident of sexual abuse. 
  1.19     (b) Subject to paragraphs (c) to (e), if the plaintiff was 
  1.20  a minor at the time of the last incident of sexual abuse, the 
  1.21  plaintiff must commence a suit within six years of the time the 
  1.22  plaintiff knew or had reason to know: 
  1.23     (1) that the plaintiff was sexually abused; 
  1.24     (2) that the plaintiff was injured; and 
  1.25     (3) that the injury was caused by the sexual abuse.  
  2.1      (c) Nothing in this section allows any person who was under 
  2.2   nine years of age at the time of the last incident of sexual 
  2.3   abuse to bring an action after reaching the age of 30, if the 
  2.4   action is against a person who did not commit the sexual abuse. 
  2.5      (d) Nothing in this section allows any person who was at 
  2.6   least nine years of age but less than 16 years of age at the 
  2.7   time of the last incident of sexual abuse to bring an action 
  2.8   after reaching the age of 27, if the action is against a person 
  2.9   who did not commit the sexual abuse. 
  2.10     (e) Nothing in this section allows any person who was 16 or 
  2.11  17 years of age at the time of the last incident of sexual abuse 
  2.12  to bring an action after reaching the age of 24, if the action 
  2.13  is against a person who did not commit the sexual abuse. 
  2.14     (b) (f) The plaintiff need not establish which act in a 
  2.15  continuous series of sexual abuse acts by the defendant caused 
  2.16  the injury.  
  2.17     (c) (g) The knowledge of a parent or guardian may not be 
  2.18  imputed to a minor.  
  2.19     (d) (h) Except as related to minors, this section does not 
  2.20  affect the suspension of the statute of limitations during a 
  2.21  period of disability under section 541.15. 
  2.22     Subd. 3.  [APPLICABILITY.] This section applies to an 
  2.23  action for damages commenced against a person who caused the 
  2.24  plaintiff's personal injury either by (1) committing sexual 
  2.25  abuse against the plaintiff, or (2) negligently permitting 
  2.26  sexual abuse against the plaintiff to occur. 
  2.27     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.28     Section 1 is effective the day following final enactment 
  2.29  and applies to actions pending on or commenced on or after the 
  2.30  effective date.