Minnesota Legislature
HF 681
4th Engrossment - 88th Legislature (2013 - 2014) Posted on 09/10/2013 02:27pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/18/2013 | |
| 1st Engrossment | Posted on 03/07/2013 | |
| 2nd Engrossment | Posted on 04/04/2013 | |
| 3rd Engrossment | Posted on 05/02/2013 | |
| 4th Engrossment | Posted on 05/17/2013 |
| Unofficial Engrossments | ||
|---|---|---|
| 1st Unofficial Engrossment | Posted on 05/09/2013 |
| Conference Committee Reports | ||
|---|---|---|
| CCR-HF0681 | Posted on 05/16/2013 |
Current Version - 4th Engrossment
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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 a natural person, corporation, limited liability company,
partnership, organization, association, or other entitynew 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; (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 agenew 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 deleted text begin causeddeleted text end new text begin was a cause ofnew text end the plaintiff's deleted text begin personal injurydeleted text end new text begin damagesnew text end 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 occurdeleted text end new text begin negligencenew 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 must be commenced within
six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at
the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years
of age. 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. 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 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 time limit, an action for
damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision
1, clause (2), may be commenced no later than three years following the effective date of
this section. This paragraph does not apply to a claim for vicarious liability or respondeat
superior, but does apply to other claims, including negligence. This paragraph applies to
actions pending on or commenced on or after the effective date.
new text end