SENATE FILE 251

BY  KIBBIE

A BILL FOR

An Act relating to the duty of care owed to certain persons operating a snowmobile, establishing the criminal offense of dangerous condition manslaughter, and providing criminal penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321G.22, Code 2011, is amended to read as follows:
   321G.22  Limitation of liability by public bodies and adjoining owners.
   1.  The state, its political subdivisions, and the owners or tenants of property adjoining public lands or the right-of-way of a public highway and their agents and employees owe no duty of care to keep the public lands, ditches, or land contiguous to a highway or roadway under the control of the state or a political subdivision safe for entry or use by persons operating a snowmobile, or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for such purposes, except in the case ofwillful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity of which the owner of the property or the person responsible for care or operation of the property, upon which the dangerous condition, use, structure, or activity is located, had actual knowledge or actual notice. The state, its political subdivisions, and the owners or tenants of property adjoining public lands or the right-of-way of a public highway and their agents and employees are not liable for actions taken to allow or facilitate the use of public lands, ditches, or land contiguous to a highway or roadway except in the case of awillful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity of which the owner of the property or the person responsible for care or operation of the property, upon which the dangerous condition, use, structure, or activity is located, had actual knowledge or actual notice.
   2.  This section Except as otherwise provided in subsection 1, this section does not create a duty of care or ground of liability on behalf of the state, its political subdivisions, or the owners or tenants of property adjoining public lands or the right-of-way of a public highway and their agents and employees for injury to persons or property in the operation of snowmobiles in a ditch or on land contiguous to a highway or roadway under the control of the state or a political subdivision. The state, its political subdivisions, and the owners or tenants of property adjoining public lands or the right-of-way of a public highway and their agents and employees are not liable for the operation of a snowmobile in violation of this chapter.
   Sec. 2.  Section 331.802, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  Except as provided in section 218.64 or as otherwise provided by law, for each preliminary investigation and the preparation and submission of the required reports, the county medical examiner shall receive from the county of appointment a fee determined by the board plus the examiner’s actual expenses. The fee and expenses paid by the county of appointment shall be reimbursed to the county of appointment by the county of the person’s residence. However, if the person’s death is caused by a defendant for whom a judgment of conviction and sentence is rendered under section 707.2, 707.3, 707.4, 707.5,or 707.6A, or 707.6B, the county of the person’s residence may recover from the defendant the fee and expenses.
   Sec. 3.  NEW SECTION.  707.6B  Dangerous condition manslaughter.
   1.  A person commits dangerous condition manslaughter when all of the following conditions are met:
   a.  The death of another person operating a snowmobile is caused by a dangerous condition, use, structure, or activity.
   b.  The dangerous condition, use, structure, or activity is located on property adjoining public lands or the right-of-way of a public highway or roadway.
   c.  The property upon which the dangerous condition, use, structure, or activity is located is owned by the person or is located on the property for which the person is responsible for care or operation.
   d.  The person had actual knowledge or actual notice of the regular use of the property upon which the dangerous condition, use, structure, or activity is located as an area for the operation of snowmobiles.
   e.  The person had actual knowledge or actual notice of the dangerous condition, use, structure, or activity.
   f.  The person failed to guard or warn against the dangerous condition, use, structure, or activity.
   2.  Dangerous condition manslaughter is a class “C” felony.
   Sec. 4.  Section 910.3A, Code 2011, is amended to read as follows:
   910.3A  Notification of a homicide victim’s county of residence.
   The county attorney of a county in which a judgment of conviction and sentence under section 707.2, 707.3, 707.4, 707.5, or 707.6A, or 707.6B is rendered against a defendant relating to a person’s death shall notify in writing the clerk of the district court of the county of the person’s residence. Such notification shall be for the purpose of the county of the person’s residence recovering from the defendant the fee and expenses incurred investigating the person’s death pursuant to section 331.802, subsection 2.
EXPLANATION
   This bill amends Code section 321G.22 relating to liability and the duty of care owed by certain governmental bodies, property owners, and tenants to certain snowmobile operators. The bill amends the general exception from liability and duty of care by providing that an owner may have a duty of care and may be subject to certain liability if the owner of the property or the person responsible for care or operation of the property, upon which a dangerous condition, use, structure, or activity is located, had actual knowledge or actual notice and failed to guard or warn against the dangerous condition, use, structure, or activity.
   The bill establishes the offense of dangerous condition manslaughter. Under the bill, a person commits the offense of dangerous condition manslaughter when the death of another person operating a snowmobile is caused by a dangerous condition, use, structure, or activity located on property owned or under the care or operation of the person, the property adjoins public lands or the right-of-way of a public highway or roadway, the person had actual knowledge or actual notice of the regular use of the property as an area for the operation of snowmobiles, the person had actual knowledge or actual notice of the dangerous condition, use, structure, or activity, and the person failed to guard or warn against the dangerous condition, use, structure, or activity.
   The bill provides that dangerous condition manslaughter is a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
   The bill makes corresponding changes to provisions of the Code relating to the recovery of certain fees and expenses relating to the investigation of a death.