HF 2043 (LSB 5747YH (3) 88)

HOUSE FILE 2043

BY  KRESSIG

A BILL FOR

An Act relating to civil liability of sports officials, providing criminal penalties for assault of sports officials, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  671B.1  Definition.
   “Sports official” means the same as defined in section 708.3A.
    Sec. 2.  NEW SECTION.  671B.2  Sports officials —— limitation of liability.
   A sports official who officiates an athletic contest at any level of competition in this state shall not be liable to any person in any civil action for injuries or damages claimed to have arisen due to actions or inactions within the confines of the athletic facility at which the athletic contest is played related in any manner to the sports official’s officiating duties.
    Sec. 3.  NEW SECTION.  671B.3  Sports officials —— liability protection not applicable.
   This chapter does not apply to a sports official who causes injury or damage to a person by actions or inactions that are intentional, malicious, or grossly negligent.
    Sec. 4.  Section 708.3A, subsections 1, 2, 3, and 4, Code 2020, are amended to read as follows:
   1.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, or sports official, with the knowledge that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, or sports official and with the intent to inflict a serious injury upon the peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, or sports official, is guilty of a class “D” felony.
   2.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, or sports official, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter or sports official, and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.
   3.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, or sports official who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, or sports official, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor.
   4.  Any other assault, as defined in section 708.1, committed against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, or sports official, by a person who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, or sports official, is a serious misdemeanor.
    Sec. 5.  Section 708.3A, subsection 5, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  “Sports official” means an individual who serves as a referee, umpire, or linesman, or in a similar capacity, at any athletic contest, including a charity event, and who is a member of or registered with a local, state, regional, or national organization that is engaged, in part, in providing education and training to referees, umpires, linesman, or persons in similar capacities. “Sports official” also includes an individual who volunteers as a referee, umpire, or linesman, or in a similar capacity, at any athletic contest, including a charity event.
    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 7.  APPLICABILITY.  The following apply to legal actions commenced after the effective date of this Act, including legal actions that allege actions or inactions of a sports official that occurred prior to the effective date of this Act:
   1.  The section of this Act enacting section 671B.1.
   2.  The section of this Act enacting section 671B.2.
   3.  The section of this Act enacting section 671B.3.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that a sports official who officiates an athletic contest at any level of competition in Iowa shall not be liable to any person in any civil action for injuries or damages claimed to have arisen due to actions or inactions within the confines of the athletic facility at which the athletic contest is played related in any manner to the sports official’s officiating duties. This provision does not apply to a sports official who causes injury or damage to a person by actions or inactions that are intentional, malicious, or grossly negligent. The bill applies to legal actions commenced after the effective date of the bill, including legal actions that allege actions or inactions of a sports official that occurred prior to the effective date of the bill.
   The bill provides that a person who commits an assault against a sports official, with the knowledge that the person against whom the assault is committed is a sports official, and with the intent to commit a serious injury, is guilty of a class “D” felony. The bill provides that a person who commits an assault against a sports official, who knows that the person against whom the assault is committed is a sports official, and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony. The bill provides that a person who commits an assault against a sports official, who knows that the person against whom the assault is committed is a sports official, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor. The bill provides that any other assault committed against a sports official by a person who knows that the person against whom the assault is committed is a sports official is a serious misdemeanor. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   The bill defines “sports official” as an individual who serves as a referee, umpire, or linesman, or in a similar capacity, at any athletic contest, including a charity event, and who is a member of or registered with a local, state, regional, or national organization that is engaged, in part, in providing education and training to sports officials. “Sports official” also includes an individual who volunteers as a referee, umpire, or linesman, or in a similar capacity, at any athletic contest, including a charity event.
   The bill takes effect upon enactment.