Text: HF02301 Text: HF02303 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 236.14A CIVIL ACTION FOR 1 2 DAMAGES. 1 3 1. A victim of domestic abuse shall have a civil cause of 1 4 action against the person who committed the abuse for damages 1 5 proximately caused by the abuse. 1 6 2. The cause of action in subsection 1 may be asserted in 1 7 an independent action, or in conjunction with any of the 1 8 following actions: 1 9 a. A request for relief from domestic abuse sought 1 10 pursuant to this chapter. 1 11 b. A petition for dissolution or any request for relief 1 12 from domestic abuse sought pursuant to chapter 598. 1 13 c. Any civil contempt proceeding arising from violation of 1 14 any order that establishes conditions of release or is a 1 15 protective order or sentencing order in a criminal prosecution 1 16 arising from a domestic abuse assault. 1 17 d. A request for relief from domestic abuse sought 1 18 pursuant to chapter 232. 1 19 3. A cause of action under this section shall not be 1 20 subject to the provisions of chapter 668, or to the limitation 1 21 in section 614.1, subsection 2. 1 22 4. The plaintiff may recover punitive damages pursuant to 1 23 chapter 668A, if requested in the complaint. Any punitive 1 24 damages ordered to be paid other than to the plaintiff, 1 25 pursuant to section 668A.1, subsection 2, paragraph "b", shall 1 26 be directed to the victim compensation fund established in 1 27 section 912.14 and used to fund programs that provide services 1 28 and support to victims of domestic abuse or sexual assault, 1 29 including but not limited to programs funded pursuant to 1 30 section 236.15, rather than to the civil reparations trust 1 31 fund, notwithstanding section 668A.1, subsection 2, paragraph 1 32 "b". 1 33 5. Either party shall be entitled to a jury trial, if 1 34 written demand is made as provided in the rules of civil 1 35 procedure. 2 1 6. The plaintiff, if successful, may also recover costs 2 2 and reasonable attorney fees. 2 3 Sec. 2. Section 598.3, Code 1997, is amended to read as 2 4 follows: 2 5 598.3 KIND OF ACTION – JOINDER. 2 6 1. An action for dissolution of marriage shall be by 2 7 equitable proceedings, and no cause of action, save for 2 8 alimony, shall be joined therewith, except that a civil cause 2 9 of action for damages resulting from domestic abuse may be 2 10 asserted pursuant to section 236.14A.Such2 11 2. Dissolution actions shall not be subject to 2 12 counterclaim or cross petition by the respondent, with the 2 13 exception of claims permitted pursuant to subsection 1. 2 14 3. After the appearance of the respondent, no dismissal of 2 15 the cause of action shall be allowed unless both the 2 16 petitioner and the respondent sign the dismissal. 2 17 Sec. 3. Section 598.5, Code Supplement 1997, is amended by 2 18 adding the following new subsection: 2 19 NEW SUBSECTION. 5A. State whether or not a separate 2 20 action for damages from domestic abuse has been commenced and 2 21 whether such action is pending in any court in this state or 2 22 elsewhere, and whether there are any outstanding protective 2 23 orders issued, or consent agreements approved by a court in 2 24 any domestic abuse action, in this state or elsewhere. 2 25 Sec. 4. Section 598.21, subsection 1, Code Supplement 2 26 1997, is amended by adding the following new paragraph: 2 27 NEW PARAGRAPH. n. The history of domestic abuse between 2 28 the parties, including any damages claimed by the victim of 2 29 domestic abuse, pursuant to an action under section 236.14A. 2 30 Sec. 5. Section 598.21, subsection 3, Code Supplement 2 31 1997, is amended by adding the following new paragraph: 2 32 NEW PARAGRAPH. k. The history of domestic abuse between 2 33 the parties, including any damages claimed by the victim of 2 34 domestic abuse, pursuant to an action under section 236.14A. 2 35 Sec. 6. Section 614.1, subsection 2, Code Supplement 1997, 3 1 is amended to read as follows: 3 2 2. INJURIES TO PERSON OR REPUTATION – RELATIVE RIGHTS – 3 3 STATUTE PENALTY. Those founded on injuries to the person or 3 4 reputation, including injuries to relative rights, whether 3 5 based on contract or tort, or for a statute penalty, within 3 6 two years. This limitation shall not apply to an action 3 7 brought pursuant to section 236.14A. 3 8 Sec. 7. Section 668.16, Code 1997, is amended to read as 3 9 follows: 3 10 668.16 APPLICABILITY OF THIS CHAPTER. 3 11 This chapter does not apply to Article 3 or 4 of chapter 3 12 554, or to actions commenced pursuant to section 236.14A. 3 13 EXPLANATION 3 14 This bill creates an express civil cause of action for 3 15 damages sustained as a result of domestic abuse. The cause of 3 16 action could be instituted independently or in conjunction 3 17 with an action for relief from domestic abuse, or with a 3 18 petition for dissolution. The two-year statute of limitations 3 19 for damage actions for personal injuries in Code section 614.1 3 20 would not apply to such actions. Claims of contributory or 3 21 comparative negligence pursuant to Code chapter 668 could not 3 22 be asserted. Punitive damages could be requested. Either 3 23 party could request a jury trial. A successful plaintiff 3 24 could recover costs and reasonable attorney fees. 3 25 Punitive damages that would be allocated to the civil 3 26 reparations trust fund under Code section 668A, subsection 2, 3 27 would be directed instead to the crime victim compensation 3 28 fund to fund services to victims of domestic abuse or sexual 3 29 assault. 3 30 Related changes are made to Code chapter 598, regarding the 3 31 assertion of such a cause of action in conjunction with a 3 32 petition for dissolution. Code section 598.3 is amended to 3 33 specifically allow the joinder of such a claim or 3 34 counterclaim. Code section 598.5 is amended to require 3 35 information be placed in the petition relating to any civil 4 1 action for damages or protective orders issued due to domestic 4 2 abuse. Code section 598.21 is amended to specifically require 4 3 the judge to consider the history of domestic abuse between 4 4 the parties, including any damage actions, in making the 4 5 division of property and any award of support. 4 6 Corresponding changes are made to Code section 614.1, 4 7 regarding the statute of limitations for personal injury 4 8 actions, and to Code section 668.16, regarding the assertion 4 9 of comparative or contributory fault. 4 10 LSB 3604HH 77 4 11 jls/jw/5
Text: HF02301 Text: HF02303 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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