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House File 2336

Partial Bill History

Bill Text

PAG LIN
  1  1 
  1  2                                      HOUSE FILE 2336
  1  3 
  1  4                             AN ACT
  1  5 RELATING TO THE ASSUMPTION OF RISK BY AND LIABILITY OF
  1  6    FORCIBLE FELONS AND PERSONS AIDING AND ABETTING IN
  1  7    THE COMMISSION OF FORCIBLE FELONIES FOR DAMAGES RESULT-
  1  8    ING FROM THE OFFENDERS' CRIMINAL CONDUCT.
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 11 
  1 12    Section 1.  NEW SECTION.  670A.1  DEFINITIONS.
  1 13    As used in this chapter, unless the context otherwise
  1 14 requires:
  1 15    1.  "Act" means an act as defined under section 702.2.
  1 16    2.  "Convicted" means a finding of guilt, irrespective of
  1 17 imposition or execution of any sentence; a final and valid
  1 18 admission of guilt or a guilty plea; an entry of judgment of
  1 19 conviction; an adjudication of delinquency; a plea of guilty
  1 20 to a delinquency petition; the entry into an informal
  1 21 adjustment agreement or an agreement to the entry of a consent
  1 22 decree regarding a delinquent act.
  1 23    3.  "Course of criminal conduct" means an act which when
  1 24 committed constitutes a crime and includes any acts of a
  1 25 victim in defending or attempting to defend against the crime.
  1 26    4.  "Crime" means a forcible felony as defined under
  1 27 section 702.11.
  1 28    5.  "Perpetrator" means a person who has committed the acts
  1 29 constituting a crime and includes a person who has been
  1 30 convicted of a crime and any person who jointly participates
  1 31 or aids and abets in the commission of a crime.
  1 32    6.  "Victim" means a person who is the object of a course
  1 33 of criminal conduct and also includes persons who provide
  1 34 reasonable assistance to or who defend another person who is
  1 35 exposed to or has suffered serious injury at the time of or
  2  1 immediately after the commission of a crime.
  2  2    Sec. 2.  NEW SECTION.  670A.2  PERPETRATOR LIABILITY.
  2  3    1.  A perpetrator assumes the risk of and is liable for any
  2  4 loss, injury, or death which results from or arises out of the
  2  5 perpetrator's course of criminal conduct.  A crime victim is
  2  6 not liable for any damages caused by any acts of the victim in
  2  7 defending or attempting to defend against the crime if the
  2  8 victim used reasonable force when committing the acts.  A
  2  9 perpetrator's assumption of risk and liability does not
  2 10 eliminate a victim's duty to protect against any conditions
  2 11 which the victim knows or has reason to know may create an
  2 12 unreasonable risk of harm.  This section shall not apply to
  2 13 perpetrators who, because of mental illness or defect, are
  2 14 incapable of knowing the nature and quality of their acts or
  2 15 are incapable of distinguishing between right and wrong in
  2 16 relation to those acts.
  2 17    2.  For purposes of this section, a certified copy of a
  2 18 guilty plea, an order entering a judgment of guilt, a court
  2 19 record of conviction or adjudication, an order adjudicating a
  2 20 child delinquent, or a record of an informal adjustment
  2 21 agreement shall be conclusive proof of a perpetrator's
  2 22 assumption of risk of and liability for any damage or harm
  2 23 caused to a victim.
  2 24    3.  In addition to any claim for damages, the court shall
  2 25 award a victim reasonable expenses, including attorney's fees
  2 26 and disbursements, which are incurred in the prosecution of
  2 27 the damages claim.
  2 28    4.  Except as necessary to preserve evidence, the court
  2 29 shall stay any action for damages under this section during
  2 30 the pendency of any criminal action which pertains to the
  2 31 course of criminal conduct which forms the basis for a claim
  2 32 for relief under this section.  
  2 33 
  2 34 
  2 35                                                             
  3  1                               RON J. CORBETT
  3  2                               Speaker of the House
  3  3 
  3  4 
  3  5                                                             
  3  6                               MARY E. KRAMER
  3  7                               President of the Senate
  3  8 
  3  9    I hereby certify that this bill originated in the House and
  3 10 is known as House File 2336, Seventy-seventh General Assembly.
  3 11 
  3 12 
  3 13                                                             
  3 14                               ELIZABETH ISAACSON
  3 15                               Chief Clerk of the House
  3 16 Approved                , 1998
  3 17 
  3 18 
  3 19                         
  3 20 TERRY E. BRANSTAD
  3 21 Governor
     

Text: HF02335                           Text: HF02337
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