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PAG LIN
1 1 Section 1. NEW SECTION. 232.74A LIABILITY FOR DAMAGES.
1 2 If a person, official, agency, or institution with
1 3 supervisory or other administrative responsibilities over an
1 4 individual listed in subsection 1 or 2, knew or suspected that
1 5 the individual committed child abuse or abuse of a child which
1 6 would be defined as child abuse under section 232.68,
1 7 subsection 2, paragraph "c" or "e", except the abuse resulted
1 8 from the acts or omissions of a person other than a person
1 9 responsible for the care of a child, the person, official,
1 10 agency, or institution shall be strictly liable for any
1 11 damages proximately caused by the individual. This section
1 12 applies to a person, official, agency, or institution with
1 13 administrative responsibilities over either of the following
1 14 individuals:
1 15 1. A member of the clergy with duties involving access to
1 16 a child when the child is alone.
1 17 2. An adult who is employed with duties involving access
1 18 to a child when the child is alone.
1 19 EXPLANATION
1 20 This bill provides for the civil liability of certain
1 21 persons who know of or suspect child abuse or suspect a sexual
1 22 crime against a child.
1 23 New Code section 232.74A applies to a person, official,
1 24 agency, or institution with supervisory or other
1 25 administrative responsibilities over an individual who is a
1 26 member of the clergy or an adult with duties involving access
1 27 to a child when the child is alone. The person with the
1 28 administrative responsibilities over such an individual who
1 29 commits child abuse or a sexual crime involving a child is
1 30 strictly liable for damages relating to the abuse or crime.
1 31 The sexual crimes addressed by the bill include sexual abuse
1 32 under Code chapter 709, incest, involvement in prostitution,
1 33 and sexual exploitation of a minor.
1 34 LSB 1843SV 77
1 35 jp/jw/5
Text: SF00510 Text: SF00512 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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