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 against a minor; amending Minnesota 
  1.5             Statutes 2002, section 541.073. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, 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) This section does not affect the suspension of the 
  1.18  statute of limitations during a period of disability under 
  1.19  section 541.15.  
  1.20     Subd. 2.  [LIMITATIONS PERIOD FOR ABUSE COMMITTED AGAINST 
  1.21  AN ADULT.] ~~(a)~~ An action for damages based on personal injury 
  1.22  caused by sexual abuse must be commenced within six years of the 
  1.23  time the plaintiff ~~knew or had reason to know that the injury~~ 
  1.24  ~~was caused by the sexual abuse~~ was sexually abused.  
  1.25     ~~(b) The plaintiff need not establish which act in a~~ 
  2.1   ~~continuous series of sexual abuse acts by the defendant caused~~ 
  2.2   ~~the injury.~~  
  2.3      ~~(c) The knowledge of a parent or guardian may not be~~ 
  2.4   ~~imputed to a minor.~~  
  2.5      ~~(d) This section does not affect the suspension of the~~ 
  2.6   ~~statute of limitations during a period of disability under~~ 
  2.7   ~~section 541.15.~~  
  2.8      Subd. 2a.  [LIMITATIONS PERIOD FOR ABUSE COMMITTED AGAINST 
  2.9   A MINOR.] An action for damages based on personal injury caused 
  2.10  by sexual abuse against a minor may be brought: 
  2.11     (1) within 14 years after the plaintiff reaches the age of 
  2.12  majority, if the abuse is reported to law enforcement while the 
  2.13  plaintiff is a minor; 
  2.14     (2) within ten years after the plaintiff reaches the age of 
  2.15  majority, if a report is made to law enforcement after the 
  2.16  plaintiff reaches the age of majority; 
  2.17     (3) within six years after the plaintiff reaches the age of 
  2.18  majority, if no report is made to law enforcement; or 
  2.19     (4) if physical evidence is collected and preserved that is 
  2.20  capable of being tested for its DNA characteristics, an action 
  2.21  may be commenced at any time against the individual who 
  2.22  committed sexual abuse against the plaintiff.  This provision 
  2.23  does not apply to an action for damages against any person or 
  2.24  entity other than the individual who committed sexual abuse 
  2.25  against the plaintiff, including claims based on a theory of 
  2.26  respondeat superior or vicarious liability. 
  2.27     Subd. 2b.  [ACTION FOR DECLARATORY RELIEF.] (a) An 
  2.28  equitable action for declaratory relief establishing that the 
  2.29  plaintiff was sexually abused as a minor may be brought at any 
  2.30  time after the statute of limitations in subdivision 2a has 
  2.31  expired.  Except as provided by paragraph (b), a plaintiff who 
  2.32  prevails in an action under this paragraph is entitled to costs, 
  2.33  disbursements, and reasonable attorney fees, including costs 
  2.34  incurred in connection with discovery. 
  2.35     (b) A plaintiff shall not recover attorney fees if the 
  2.36  defendant admits that abuse occurred within 60 days of the 
  3.1   filing of the complaint. 
  3.2      (c) This subdivision does not allow a claim for damages 
  3.3   otherwise barred under subdivision 2 or a claim based on a 
  3.4   theory of respondeat superior or vicarious liability. 
  3.5      Subd. 3.  [APPLICABILITY.] This section applies to an 
  3.6   action for damages commenced against a person who caused the 
  3.7   plaintiff's personal injury either by (1) committing sexual 
  3.8   abuse against the plaintiff, or (2) negligently permitting 
  3.9   sexual abuse against the plaintiff to occur. 
  3.10     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  3.11     Section 1 is effective August 1, 2004, and applies to 
  3.12  actions commenced on and after that date.  A plaintiff whose 
  3.13  claim is currently pending or has not yet been adjudicated as 
  3.14  terminated or extinguished based on a previous statute of 
  3.15  limitations will be subject to the statute of limitations in 
  3.16  section 1.