1.1 	A bill for an act
1.2 	relating to civil actions; modifying the limitation
1.3 	period for civil actions for personal injury based on
1.4 	sexual abuse; amending Minnesota Statutes 2004,
1.5 	section 541.073.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 541.073, is
1.8 	amended to read:
1.9 	541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE~~; SPECIAL~~
1.10 	~~PROVISIONS~~.
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. 1a.General provisions. (a) The plaintiff need not
1.15 	establish which act in a continuous series of sexual abuse acts
1.16 	by the defendant caused the injury.
1.17 	(b) The knowledge of a parent or guardian may not be
1.18 	imputed to a minor.
1.19 	(c) This section does not affect the suspension of the
1.20 	statute of limitations during a period of disability under
1.21 	section 541.15.
1.22 		Subd. 2.Limitations period for abuse committed against
1.23 	an adult. ~~(a)~~ An action for damages based on personal injury
1.24 	caused by sexual abuse committed against an adult must be
1.25 	commenced within six years of the time the plaintiff ~~knew or had~~
2.1 	~~reason to know that the injury was caused by the sexual~~
2.2 	~~abuse~~ was sexually abused.
2.3 	~~(b) The plaintiff need not establish which act in a~~
2.4 	~~continuous series of sexual abuse acts by the defendant caused~~
2.5 	~~the injury.~~
2.6 	~~(c) The knowledge of a parent or guardian may not be~~
2.7 	~~imputed to a minor.~~
2.8 	~~(d) This section does not affect the suspension of the~~
2.9 	~~statute of limitations during a period of disability under~~
2.10 	~~section 541.15.~~
2.11 		Subd. 2a.Limitations period for abuse committed against
2.12 	a minor. (a) An action for damages based on personal injury
2.13 	caused by sexual abuse committed against a minor must be
2.14 	commenced within the later of:
2.15 	(1) six years of the age of majority;
2.16 	(2) six years of the time that the plaintiff reports the
2.17 	abuse to a law enforcement agency; or 
2.18 	(3) six years of the time that the plaintiff fully
2.19 	comprehends the causal connection between the sexual abuse which
2.20 	occurred and the injury resulting from the abuse.  The time of
2.21 	comprehension must be determined by medical or psychological
2.22 	testimony.
2.23 	(b) Paragraph (a), clauses (2) and (3), only apply to an
2.24 	entity or person that was not the abuser if that entity or
2.25 	person either:
2.26 	(1) knew of, or was otherwise on notice of, any unlawful
2.27 	sexual conduct by the employee, volunteer, representative, or
2.28 	agent, before the plaintiff was last abused;
2.29 	(2) failed to use ordinary care in supervising or retaining
2.30 	the employee, volunteer, representative, or agent, or failed to
2.31 	implement reasonable safeguards in order to protect the minor
2.32 	from unlawful sexual conduct by the employee, volunteer,
2.33 	representative, or agent, before the plaintiff was last abused.
2.34 	The plaintiff bears the burden of proof under this section to
2.35 	show by a preponderance of the evidence that the limitations
2.36 	period has not expired.
3.1 		Subd. 3.Applicability. This section applies to an
3.2 	action for damages commenced against a person who caused the
3.3 	plaintiff's personal injury either by (1) committing sexual
3.4 	abuse against the plaintiff, or (2) negligently permitting
3.5 	sexual abuse against the plaintiff to occur.

3.6 	Sec. 2. REVIVAL OF CERTAIN CLAIMS.
 3.7 	Notwithstanding any other provision of law, a plaintiff
3.8 	whose claim would be barred under section 1, and who was not
3.9 	able to bring an action after April 19, 1996, because of the
3.10 	statute of limitations, has until August 1, 2006, to commence a
3.11 	cause of action for damages based on personal injury caused by
3.12 	sexual abuse.

3.13 	Sec. 3. EFFECTIVE DATE.
 3.14 	Section 1 is effective August 1, 2005, and applies to all
3.15 	actions pending on or commenced on or after that date.