Text: HF02029                           Text: HF02031
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2030

Partial Bill History

Bill Text

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

Return To Home index


© 1998 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Mar 11 03:42:36 CST 1998
URL: /DOCS/GA/77GA/Legislation/HF/02000/HF02030/980114.html
jhf