House File 2397 S-5242 Amend House File 2397, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 671A.1 Limitation on liability 4 for negligently hiring or failing to supervise an employee, 5 agent, or independent contractor convicted of a public offense. 6 1. A cause of action shall not be brought against a private 7 employer, general contractor, or premises owner solely for 8 negligently hiring or failing to adequately supervise an 9 employee, agent, or independent contractor, based on evidence 10 that the employee, agent, or independent contractor has been 11 convicted of a public offense as defined in section 701.2. 12 2. This chapter does not create a cause of action or expand 13 an existing cause of action. 14 3. This chapter does not apply to employment of prisoners 15 at prisons. 16 4. This chapter does not alter any statutory provision 17 allowing an employer to conduct a criminal history background 18 investigation or consider criminal history records in the 19 employment process for particular types of employment. 20 Sec. 2. NEW SECTION . 671A.2 Liability protection not 21 applicable. 22 1. This chapter does not preclude a cause of action for 23 negligent hiring by or the failure of a private employer, 24 general contractor, or premises owner to provide adequate 25 supervision of an employee, agent, or independent contractor, 26 based on evidence that the employee, agent, or independent 27 contractor has been convicted of a public offense as defined in 28 section 701.2, if all of the following criteria are met: 29 a. The private employer, general contractor, or premises 30 owner knew or should have known of the conviction. 31 b. The employee, agent, or independent contractor was 32 convicted of any of the following: 33 (1) A public offense that was committed while performing 34 duties substantially similar to those reasonably expected to 35 -1- HF2397.5267 (2) 87 asf/rj 1/ 4 #1.

be performed in the employment or under the relationship or 1 contract, or under conditions substantially similar to those 2 reasonably expected to be encountered in the employment or 3 under the relationship or contract, taking into consideration 4 all of the following factors: 5 (a) The nature and seriousness of the public offense. 6 (b) The relationship of the public offense to the ability, 7 capacity, or fitness required to perform the duties and 8 discharge the responsibilities of the employment or the 9 relationship or contract. 10 (c) The extent and nature of the employee, agent, or 11 independent contractor’s past criminal activity. 12 (d) The age of the employee, agent, or independent 13 contractor when the public offense was committed. 14 (e) The amount of time that has elapsed since the employee, 15 agent, or independent contractor’s last criminal activity. 16 (f) The conduct and work activity of an employee, agent, or 17 independent contractor before and after the criminal activity. 18 (g) Evidence of the employee, agent, or independent 19 contractor’s rehabilitation or rehabilitative effort while 20 incarcerated or after release. 21 (h) Other evidence of the employee, agent, or independent 22 contractor’s fitness, including letters of recommendation from 23 any of the following: 24 (i) Prosecutors, law enforcement, or correctional officers 25 who prosecuted, arrested, or had custodial responsibility for 26 the employee, agent, or independent contractor. 27 (ii) The sheriff or chief of police in the community where 28 the employee, agent, or independent contractor resides. 29 (iii) Any other person in contact with the convicted 30 employee, agent, or independent contractor. 31 (2) A sexually violent offense as defined in section 229A.2. 32 (3) The offense of murder in the first degree under section 33 707.2. 34 (4) The offense of murder in the second degree under section 35 -2- HF2397.5267 (2) 87 asf/rj 2/ 4

707.3. 1 (5) The offense of kidnapping in the first degree under 2 section 710.2. 3 (6) The offense of robbery in the first degree under section 4 711.2. 5 (7) An offense committed on certain real property for which 6 an enhanced penalty was received under section 124.401A or 7 124.401B. 8 (8) A felony offense where the employee, agent, or 9 independent contractor used or exhibited a dangerous weapon as 10 defined in section 702.7 during the commission of or during 11 immediate flight from the scene of the felony offense, or 12 where the employee, agent, or independent contractor used or 13 exhibited the dangerous weapon or was a party to the felony 14 offense and knew that a dangerous weapon would be used or 15 exhibited. 16 2. The protections provided to a private employer, general 17 contractor, or premises owner under this chapter do not apply 18 in a suit concerning the misuse of funds or property of a 19 person other than the employer, general contractor, or premises 20 owner, by an employee, agent, or independent contractor if, on 21 the date the employee, agent, or independent contractor was 22 hired, the employee, agent, or independent contractor had been 23 convicted of a public offense that included fraud or the misuse 24 of funds or property as an element of the public offense, and 25 it was foreseeable that the position for which the employee, 26 agent, or independent contractor was hired would involve 27 discharging a fiduciary responsibility in the management of 28 funds or property. > 29 2. Title page, by striking lines 1 and 2 and inserting < An 30 Act relating to the liability of private employers, general 31 contractors, and premises owners for negligently hiring 32 or failing to supervise employees, agents, or independent 33 contractors convicted of a public offense. > 34 -3- HF2397.5267 (2) 87 asf/rj 3/ 4