Text: HF02335 Text: HF02337 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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