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Minnesota Session Laws - 2013, Regular Session

Key: (1) language to be deleted (2) new language

CHAPTER 89--H.F.No. 681

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,:

(1) "sexual abuse" means conduct described in sections 609.342 to 609.345 609.3451; and

(2) "person" includes a natural person, corporation, limited liability company, partnership, organization, association, or other entity.

Subd. 2.

Limitations period.

(a) An action for damages based on personal injury caused by sexual abuse: (1) must be commenced within six years of the time the plaintiff knew or had reason to know that the injury was caused by the sexual abuse 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.

(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) (c) 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 was a cause of the plaintiff's personal injury damages either by (1) committing sexual abuse against the plaintiff, or (2) negligently permitting sexual abuse against the plaintiff to occur negligence.

Subd. 4.

Vicarious liability or respondeat superior claims.

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.

Subd. 5.

Title.

This section may be cited as the "Child Victims Act."

EFFECTIVE DATE; APPLICABILITY.

(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.

(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.

Presented to the governor May 21, 2013

Signed by the governor May 24, 2013, 2:08 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569