Text: HF02029 Text: HF02031 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 670A.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Act" means an act as defined under section 702.2.
1 5 2. "Convicted" means a finding of guilt, irrespective of
1 6 imposition or execution of any sentence; a final and valid
1 7 admission of guilt or a guilty plea; an entry of judgment of
1 8 conviction; an adjudication of delinquency; a plea of guilty
1 9 to a delinquency petition; the entry into an informal
1 10 adjustment agreement or an agreement to the entry of a consent
1 11 decree regarding a delinquent act.
1 12 3. "Course of criminal conduct" means an act which when
1 13 committed constitutes a crime and includes any acts of a
1 14 victim in defending or attempting to defend against the crime.
1 15 4. "Crime" means a forcible felony as defined under
1 16 section 702.11.
1 17 5. "Perpetrator" means a person who has committed the acts
1 18 constituting a crime and includes a person who has been
1 19 convicted of a crime and any person who jointly participates
1 20 or aids and abets in the commission of a crime.
1 21 6. "Victim" means a person who is the object of a course
1 22 of criminal conduct and also includes persons who provide
1 23 reasonable assistance to or who defend another person who is
1 24 exposed to or has suffered serious injury at the time of or
1 25 immediately after the commission of a crime.
1 26 Sec. 2. NEW SECTION. 670A.2 PERPETRATOR LIABILITY.
1 27 1. A perpetrator assumes the risk of and is liable for any
1 28 loss, injury, or death which results from or arises out of the
1 29 perpetrator's course of criminal conduct. A crime victim is
1 30 not liable for any damages caused by any acts of the victim in
1 31 defending or attempting to defend against the crime if the
1 32 victim used reasonable force when committing the acts. A
1 33 perpetrator's assumption of risk and liability does not
1 34 eliminate a victim's duty to protect against any conditions
1 35 which the victim knows or has reason to know may create an
2 1 unreasonable risk of harm. This section shall not apply to
2 2 perpetrators who, because of mental illness or defect, are
2 3 incapable of knowing the nature and quality of their acts or
2 4 are incapable of distinguishing between right and wrong in
2 5 relation to those acts.
2 6 2. For purposes of this section, a certified copy of a
2 7 guilty plea, an order entering a judgment of guilt, a court
2 8 record of conviction or adjudication, an order adjudicating a
2 9 child delinquent, or a record of an informal adjustment
2 10 agreement shall be conclusive proof of a perpetrator's
2 11 assumption of risk of and liability for any damage or harm
2 12 caused to a victim.
2 13 3. In addition to any claim for damages, the court shall
2 14 award a victim reasonable expenses, including attorney's fees
2 15 and disbursements, which are incurred in the prosecution of
2 16 the damages claim.
2 17 4. Except as necessary to preserve evidence, the court
2 18 shall stay any action for damages under this section during
2 19 the pendency of any criminal action which pertains to the
2 20 course of criminal conduct which forms the basis for a claim
2 21 for relief under this section.
2 22 EXPLANATION
2 23 This bill provides that perpetrators of forcible felonies
2 24 assume the risk of loss and liability for damages caused as a
2 25 result of the perpetrators' criminal conduct. The term
2 26 perpetrator includes both the principal actor and any others
2 27 who either jointly participate in or aid or abet in the
2 28 commission of a forcible felony. A certified copy of a guilty
2 29 plea, an order entering a judgment of guilt, a court record of
2 30 conviction or adjudication, an order adjudicating a child
2 31 delinquent, or a record of an informal adjustment agreement
2 32 constitute conclusive proof of assumption of risk and
2 33 liability for damages caused by the perpetrator of the crime.
2 34 Victims seeking damage awards under the new provision also
2 35 must be awarded compensation for attorney fees and other
3 1 reasonable expenses incurred in seeking those damages.
3 2 Actions under the new provision will be stayed during the
3 3 pendency of any criminal action pertaining to the crime.
3 4 LSB 3090YH 77
3 5 lh/sc/14
Text: HF02029 Text: HF02031 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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