Minnesota Session Laws - 2013, Regular Session

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 deleted 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 entity new text end .

Subd. 2.

Limitations period.

(a) An action for damages based on deleted text begin personal injury caused by deleted text end sexual abuse new 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 abuse deleted 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 age new 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 caused deleted text end new text begin was a cause of new text end the plaintiff's deleted text begin personal injury deleted text end new text begin damages new 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 occur deleted text end new text begin negligence new 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

Presented to the governor May 21, 2013

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