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
© 1998 Cornell College and League of Women Voters of Iowa
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