Text: SF00418 Text: SF00420 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 124D.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Illegal drug" means a controlled substance as defined 1 5 under section 124.101, which is unlawfully distributed. 1 6 2. "Illegal drug market" means the unlawful support 1 7 system, from manufacture to sale, through which an illegal 1 8 drug reaches an illegal drug user. 1 9 3. "Illegal drug user" means an individual who consumes 1 10 illegal drugs. 1 11 4. "Participate in the illegal drug market" means to 1 12 manufacture, deliver, or possess with the intent to 1 13 manufacture or deliver one or more illegal drugs. 1 14 5. "Person" means an individual, governmental entity, 1 15 corporation, firm, trust, partnership, or incorporated or 1 16 unincorporated association, existing under or authorized by 1 17 the laws of this state, another state, or a foreign country. 1 18 6. "Victim" means a parent, legal guardian, child, spouse, 1 19 or sibling of an illegal drug user; an individual who was 1 20 exposed in utero to an illegal drug; an employer of an illegal 1 21 drug user; and a medical facility, insurer, governmental 1 22 entity, or other person who funds a drug treatment program or 1 23 employee assistance program for illegal drug users or that 1 24 otherwise expends money for the treatment or rehabilitation of 1 25 an illegal drug user. 1 26 Sec. 2. NEW SECTION. 124D.2 LIABILITY TO VICTIMS FOR 1 27 CIVIL DAMAGES. 1 28 1. A victim may recover the civil damages enumerated in 1 29 subsection 2, from any of the following persons: 1 30 a. An illegal drug user. 1 31 b. A person who knowingly delivered, or knowingly 1 32 participated in the chain of delivery of, an illegal drug that 1 33 was actually used by an illegal drug user. 1 34 c. A person who knowingly participated in the illegal drug 1 35 market, if all of the following criteria are established: 2 1 (1) The illegal drug user purchased, possessed, or used 2 2 the illegal drug within the community of the person who 2 3 participated in the drug market. 2 4 (2) The participation of the person in the illegal drug 2 5 market involved the same type of illegal drug used by the 2 6 illegal drug user. 2 7 (3) The person participated in the illegal drug market at 2 8 the time that the illegal drug user purchased, possessed, or 2 9 used illegal drugs. 2 10 2. The following damages may be recovered by a victim in 2 11 an action under this chapter: 2 12 a. Economic damages for, but not limited to, the cost of 2 13 substance abuse treatment and rehabilitation, medical care, 2 14 loss of economic or educational potential, loss of 2 15 productivity, costs associated with absenteeism, past and 2 16 future support expenses, accident or injury, and any other 2 17 pecuniary loss proximately caused by the illegal drug use. 2 18 b. Noneconomic damages for, but not limited to, physical 2 19 and emotional pain and suffering, physical impairment, 2 20 emotional distress, mental anguish, disfigurement, loss of 2 21 enjoyment, loss of companionship and consortium, and any other 2 22 nonpecuniary loss proximately caused by the illegal drug use. 2 23 c. Exemplary damages. 2 24 d. Reasonable attorney's fees. 2 25 e. Costs of the lawsuit, including, but not limited to, 2 26 reasonable expenses for expert testimony. 2 27 3. A rebuttable presumption shall arise that damages 2 28 alleged by a victim are proximately caused by a person who 2 29 participates in the illegal drug market, if the person is 2 30 convicted of an offense under section 124.403, subsection 1 or 2 31 2. 2 32 4. Notwithstanding subsection 1, a peace officer, or 2 33 criminal justice agency, the state, or a person acting at the 2 34 direction of a criminal justice agency is not liable for 2 35 damages that result from participation in the illegal drug 3 1 market if the participation is part of an official law 3 2 enforcement investigation. 3 3 Sec. 3. NEW SECTION. 124D.3 LIABILITY TO ILLEGAL DRUG 3 4 USER FOR CIVIL DAMAGES. 3 5 1. An illegal drug user may bring an action for the 3 6 damages enumerated under subsection 2, which are directly 3 7 caused by the use of an illegal drug if all of the following 3 8 conditions apply: 3 9 a. The illegal drug user personally discloses to narcotics 3 10 enforcement authorities, more than six months before filing 3 11 the action, all of the information known to the individual 3 12 regarding the person or persons from whom the illegal drug 3 13 user obtained illegal drugs and actively participates in the 3 14 prosecution of the persons from whom the illegal drugs were 3 15 obtained. 3 16 b. The illegal drug user has not used an illegal drug 3 17 within the six months prior to the filing of the action. 3 18 c. The illegal drug user does not use illegal drugs during 3 19 the pendency of the action. 3 20 2. An illegal drug user who meets the requirements of 3 21 subsection 1 may recover the following damages from a person 3 22 who distributed, or is in the chain of distribution of, an 3 23 illegal drug that was actually used by the illegal drug user: 3 24 a. Economic damages for the cost of substance abuse 3 25 treatment and rehabilitation, medical care, and any accident 3 26 or injury directly caused by the illegal drug use. 3 27 b. Reasonable attorney's fees. 3 28 c. Costs of the lawsuit, including, but not limited to, 3 29 reasonable expenses for expert testimony. 3 30 d. The amount of a judgment against the illegal drug user 3 31 resulting from a suit by a victim under this chapter. 3 32 Sec. 4. NEW SECTION. 124D.4 THIRD-PARTY PAYMENT OF 3 33 DAMAGES &endash; DEFENSE UNDER CONTRACT OF INSURANCE &endash; 3 34 INDEMNIFICATION PROHIBITION. 3 35 A third party shall not pay damages awarded under this 4 1 chapter, or provide a defense or money for a defense, on 4 2 behalf of an insured under a contract of insurance or 4 3 indemnification. 4 4 Sec. 5. NEW SECTION. 124D.5 JOINDER OF PARTIES. 4 5 Two or more plaintiffs in separate actions under this 4 6 chapter may join in one action if one or more of the 4 7 defendants named in the separate actions are the same person. 4 8 Two or more defendants may be joined in one action under this 4 9 chapter if the defendants are potentially liable to one or 4 10 more of the same plaintiffs. 4 11 Sec. 6. NEW SECTION. 124D.6 RIGHT OF CONTRIBUTION. 4 12 A person who participates in the illegal drug market and is 4 13 subject to liability under this chapter shall have a right of 4 14 action for contribution against another person from whom the 4 15 person obtained illegal drugs if the person personally 4 16 discloses to narcotics enforcement authorities, more than six 4 17 months before filing the action, all of the information known 4 18 to the person regarding the person or persons from whom the 4 19 person obtained illegal drugs and actively participates in the 4 20 prosecution of the persons from whom the illegal drugs were 4 21 obtained. Contribution may be enforced either in the original 4 22 action or by a separate action brought for that purpose. 4 23 Sec. 7. NEW SECTION. 124D.7 STATE INTERESTS &endash; LEGAL 4 24 REPRESENTATION &endash; STAY OF ACTION. 4 25 A prosecuting attorney, as defined under section 801.4, 4 26 subsection 12, may represent the interests of the state or a 4 27 political subdivision of the state in any action under this 4 28 chapter. An action brought under this chapter shall be stayed 4 29 until the completion of a criminal investigation or 4 30 prosecution upon a motion by a prosecuting attorney 4 31 representing the interests of the state or political 4 32 subdivision which is involved in the investigation or is a 4 33 party to the prosecution. 4 34 EXPLANATION 4 35 This bill establishes a new chapter which establishes a 5 1 civil cause of action for damages which result from illegal 5 2 drug use. Parents, legal guardians, children, spouses, or 5 3 siblings of illegal drug users; children who were exposed in 5 4 utero to illegal drugs; an employer of an illegal drug user; 5 5 and persons who fund treatment programs or who have expended 5 6 money for the treatment or rehabilitation of an illegal drug 5 7 user are eligible to receive damages for economic, 5 8 noneconomic, and exemplary damages, as well as the 5 9 reimbursement for reasonable attorney's fees and the costs of 5 10 bringing a lawsuit, including attorney's and expert witness 5 11 fees, from the illegal drug user and persons participating in 5 12 the illegal drug market. A rebuttable presumption of 5 13 causation of damages by a person participating in the illegal 5 14 drug market arises upon the conviction of the person of the 5 15 manufacture, delivery, or possession with the intent to 5 16 deliver a controlled substance under section 124.403, 5 17 subsection 1 or 2. An illegal drug user is also allowed to 5 18 bring a cause of action against a person who is involved in 5 19 the manufacture and delivery of illegal drugs. The illegal 5 20 drug user may bring a cause of action for economic damages for 5 21 the cost of substance abuse treatment and rehabilitation, 5 22 medical expenses, accidents or injuries, and the costs of 5 23 bringing a lawsuit, including attorney's and expert witness 5 24 fees, and the amount of any judgment against them which 5 25 results from a victim bringing an action for damages against 5 26 the illegal drug user. The persons who are held liable to the 5 27 illegal drug user, in turn, have rights of contribution 5 28 against other persons who were the sources of illegal drugs, 5 29 if the person turns those sources over to narcotics 5 30 authorities and assist narcotics authorities in the active 5 31 prosecution of those other individuals. Third parties are 5 32 prohibited from indemnifying or insuring a person who is 5 33 liable under the chapter. A provision is made for joinder of 5 34 actions where there are identical plaintiffs or defendants in 5 35 the actions and defendants have a right of contribution 6 1 against their illegal drug suppliers. Civil actions under the 6 2 new chapter may be stayed, upon motion of a prosecuting 6 3 attorney, until completion of a criminal investigation or 6 4 prosecution. 6 5 LSB 2583SV 76 6 6 lh/sc/14
Text: SF00418 Text: SF00420 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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