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House File 2302

Partial Bill History

Bill Text

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.  Such
  2 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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