Senate File 2204 - Introduced
SENATE FILE
BY IVERSON
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the filing of a civil action against a person
2 who illegally manufactures, delivers, or who acts with, enters
3 into a common scheme or design with, or conspires with one or
4 more other persons to illegally manufacture or deliver, a
5 controlled substance.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 5811XS 81
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PAG LIN
1 1 Section 1. NEW SECTION. 611.24 ACTIONS AGAINST PERSONS
1 2 WHO ILLEGALLY MANUFACTURE OR DELIVER A CONTROLLED SUBSTANCE.
1 3 1. As used in this section:
1 4 a. "Offender" means a person illegally using a controlled
1 5 substance.
1 6 b. "Person" means a parent, legal guardian, child, spouse,
1 7 or sibling of an offender, or an individual exposed in utero,
1 8 an employer of an offender, a medical facility, an insurer, a
1 9 governmental entity, an entity that funds or provides a
1 10 substance abuse treatment program, or an individual injured as
1 11 a result of the willful, reckless, or negligent actions of an
1 12 offender under the influence of a controlled substance.
1 13 c. "Use" means consumption of a controlled substance.
1 14 2. A person may file an action against an individual who
1 15 illegally manufactures, delivers, or who acts with, enters
1 16 into a common scheme or design with, or conspires with one or
1 17 more other individuals to illegally manufacture or deliver, a
1 18 controlled substance used by an offender for damages caused by
1 19 the offender's illegal use of the controlled substance.
1 20 3. A person may recover the following damages for an
1 21 action filed under subsection 2:
1 22 a. Economic damages which resulted from the illegal use of
1 23 a controlled substance including but not limit to the cost of
1 24 treatment and rehabilitation, medical expenses, loss of
1 25 economic or educational potential, losses of productivity,
1 26 absenteeism, support expenses, and other pecuniary loss
1 27 proximately caused by the offender using a controlled
1 28 substance.
1 29 b. Noneconomic damages including but not limited to pain
1 30 and suffering, emotional distress, disfigurement, loss of
1 31 enjoyment, loss of consortium, and other nonpecuniary losses
1 32 proximately caused by the offender using a controlled
1 33 substance.
1 34 c. Punitive damages.
1 35 d. Reasonable attorney fees.
2 1 e. Any other costs or expenses incurred while seeking
2 2 recovery under this section.
2 3 4. a. An offender shall not file an action under this
2 4 section and no damages are recoverable except when all of the
2 5 following apply:
2 6 (1) The offender has disclosed to a county attorney or
2 7 prosecutor or a law enforcement agency all the information
2 8 known to the offender about the offender's illegal use of a
2 9 controlled substance, including who supplied the illegal
2 10 controlled substance to the offender.
2 11 (2) The offender has not illegally used a controlled
2 12 substance within six months of filing the action.
2 13 (3) The offender does not illegally use a controlled
2 14 substance during the pendency of any action filed.
2 15 b. An offender is not eligible to recover punitive damages
2 16 under this subsection.
2 17 5. a. Notwithstanding section 614.1, an action under this
2 18 section may be brought within two years from the date the
2 19 cause of action accrues. The date a cause of action accrues
2 20 shall be the date a person knows or has reason to know illegal
2 21 use of a controlled substance is the cause of the damage to
2 22 the person.
2 23 b. If the defendant in any potential action brought by a
2 24 person under this section is being prosecuted for any criminal
2 25 offense related to a controlled substance violation, the
2 26 limitation of action in paragraph "a" tolls until six months
2 27 after the criminal case has been completed or if there is an
2 28 appeal, six months after the time to file an appeal has
2 29 expired or the appeal has been completed, whichever is later.
2 30 6. A county attorney or any other prosecutor may file an
2 31 application with the court where an action is filed to stay
2 32 the action until such time a criminal investigation or
2 33 criminal prosecution, including any appeal, related to the
2 34 action filed has been completed.
2 35 7. The county attorney or any other prosecutor may file an
3 1 action on behalf of a person under this section.
3 2 EXPLANATION
3 3 This bill relates to the filing of a civil action against a
3 4 person who illegally manufactures, delivers, or who acts with,
3 5 enters into a common scheme or design with, or conspires with
3 6 one or more other persons to illegally manufacture or deliver
3 7 a controlled substance.
3 8 The bill provides that a parent, legal guardian, child,
3 9 spouse, or sibling of a substance abuser, or an individual
3 10 exposed in utero, an employer of a substance abuser, and other
3 11 entities may file an action for damages against an individual
3 12 who illegally manufactures, delivers, or who acts with, enters
3 13 into a common scheme or design with, or conspires with one or
3 14 more other persons to illegally manufacture or deliver, a
3 15 controlled substance used by the substance abuser.
3 16 The bill provides that a person or entity filing an action
3 17 may recover economic, noneconomic, and punitive damages, and
3 18 attorney fees, and other related costs from the individual
3 19 illegally manufacturing or delivering, or conspiring to
3 20 illegally manufacture or deliver a controlled substance.
3 21 The bill provides that a substance abuser may also file an
3 22 action against an individual who illegally manufactured or
3 23 delivered a controlled substance, or any person who conspired
3 24 to illegally manufacture or deliver a controlled substance, to
3 25 the substance abuser. However, the bill requires the
3 26 substance abuser to disclose all substance=abuse=related
3 27 information to a prosecutor or a law enforcement agency, and
3 28 to remain substance free during the pendency of any action
3 29 filed in order to recover damages under the bill. The bill
3 30 prohibits a substance abuser from obtaining punitive damages
3 31 against the individual who illegally manufactured or
3 32 delivered, or conspired to illegally manufacture or deliver a
3 33 controlled substance consumed by the substance abuser.
3 34 The bill provides that a person must bring an action within
3 35 two years of the date the person knows or has reason to know
4 1 illegal use of a controlled substance is the cause of the
4 2 damage to the person. If a potential target of any action
4 3 filed under the bill is already being prosecuted, the two=year
4 4 limitation period is tolled until six months after completion
4 5 of any prosecution and appeal.
4 6 The bill also provides that a prosecutor may file an
4 7 application requesting a stay of any action filed pursuant to
4 8 the bill until such time a criminal investigation or criminal
4 9 prosecution, including any appeal, related to the action filed
4 10 under the bill has been completed.
4 11 The bill permits a prosecutor to file an action under the
4 12 bill on behalf of a person damaged by illegal use of a
4 13 controlled substance.
4 14 LSB 5811XS 81
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