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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 2583SC 76
6 6 lh/sc/14
Text: SSB00320 Text: SSB00322 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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