Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 232-H.F.No. 345 
           An act relating to sexual abuse; extending the statute 
          of limitations for intentional torts involving sexual 
          abuse; eliminating the statute of limitations in 
          criminal sexual conduct cases involving a minor victim 
          and in certain criminal sexual conduct cases involving 
          an adult victim; amending Minnesota Statutes 1990, 
          sections 541.073; 609.3461; and 628.26. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, 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, 
"sexual abuse" means conduct described in sections 609.342 to 
609.345. 
    Subd. 2.  [LIMITATIONS PERIOD.] (a) An action for damages 
based on personal injury caused by sexual abuse must be 
commenced, in the case of an intentional tort, within two years, 
or, in the case of an action for negligence, within six years of 
the time the plaintiff knew or had reason to know that the 
injury was caused by the sexual abuse.  
    (b) The plaintiff need not establish which act in a 
continuous series of sexual abuse acts by the defendant caused 
the injury.  
    (c) The knowledge of a parent or guardian may not be 
imputed to a minor.  
    (d) This section does not affect the suspension of the 
statute of limitations during a period of disability under 
section 541.15. 
    As used in this section, "sexual abuse" means conduct 
described in sections 609.342 to 609.345. 
    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) negligently permitting 
sexual abuse against the plaintiff to occur. 
    Sec. 2.  Minnesota Statutes 1990, section 609.3461, is 
amended to read: 
    609.3461 [DNA ANALYSIS OF SEX OFFENDERS REQUIRED.] 
    Subdivision 1.  [UPON SENTENCING.] When a court sentences a 
person convicted of violating or attempting to violate section 
609.342, 609.343, 609.344, or 609.345, or sentences a person as 
a patterned sex offender under section 609.1352, or the juvenile 
court adjudicates a person a delinquent child for violating or 
attempting to violate section 609.342, 609.343, 609.344, or 
609.345, it shall order the person to provide a biological 
specimen for the purpose of DNA analysis as defined in section 
299C.155.  The biological specimen or the results of the 
analysis shall be maintained by the bureau of criminal 
apprehension as provided in section 299C.155.  
    Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
violating or attempting to violate section 609.342, 609.343, 
609.344, or 609.345, or sentenced as a patterned sex offender 
under section 609.1352, and committed to the custody of the 
commissioner of corrections for a term of imprisonment, has not 
provided a biological specimen for the purpose of DNA analysis, 
the commissioner of corrections or local corrections authority 
shall order the person to provide a biological specimen for the 
purpose of DNA analysis before completion of the person's term 
of imprisonment.  The commissioner of corrections or local 
corrections authority shall forward the sample to the bureau of 
criminal apprehension. 
    Sec. 3.  Minnesota Statutes 1990, section 628.26, is 
amended to read: 
    628.26 [LIMITATIONS.] 
    (a) Indictments or complaints for murder may be found or 
made at any time after the death of the person killed.  
    (b) Indictments or complaints for violation of section 
609.42, subdivision 1, clause (1) or (2), shall be found or made 
and filed in the proper court within six years after the 
commission of the offense.  
    (c) Indictments or complaints for violation of sections 
609.342 to 609.345 if the victim was under the age of 18 years 
at the time the offense was committed, shall be found or made 
and filed in the proper court within seven years after the 
commission of the offense or, if the victim failed to report the 
offense within this limitation period, within two three years 
after the offense was reported to law enforcement authorities, 
but in no event may an indictment or complaint be found or made 
after the victim attains the age of 25 years. 
    (d) Indictments or complaints for violation of sections 
609.342 to 609.344 if the victim was 18 years old or older at 
the time the offense was committed, shall be found or made and 
filed in the proper court within seven years after the 
commission of the offense. 
    (e) Indictments or complaints for violation of sections 
609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
or made and filed in the proper court within six years after the 
commission of the offense. 
    (e) (f) Indictments or complaints for violation of section 
609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
or (16), 609.631, or 609.821, where the value of the property or 
services stolen is more than $35,000, shall be found or made and 
filed in the proper court within five years after the commission 
of the offense. 
    (f) (g) Except for violations relating to false material 
statements, representations or omissions, indictments or 
complaints for violations of section 609.671 shall be found or 
made and filed in the proper court within five years after the 
commission of the offense.  
    (g) (h) In all other cases, indictments or complaints shall 
be found or made and filed in the proper court within three 
years after the commission of the offense; but the time during 
which the defendant shall not be an inhabitant of, or usually 
resident within, this state, shall not constitute any part of 
the limitations imposed by this section. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment, 
and applies to actions pending on or commenced on or after that 
date.  Section 3 is effective August 1, 1991, and applies to 
crimes committed on or after that date, and to crimes committed 
before that date if the limitations period for the crime under 
Minnesota Statutes 1990 did not expire before August 1, 1991. 
    Sec. 5.  [APPLICABILITY.] 
    Notwithstanding any other provision of law, a plaintiff 
whose claim would otherwise be time-barred under Minnesota 
Statutes 1990 has until August 1, 1992, to commence a cause of 
action for damages based on personal injury caused by sexual 
abuse. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 10:40 a.m.