Senate File 190 - Introduced SENATE FILE 190 BY CHELGREN , BEHN , BREITBACH , SEGEBART , KAPUCIAN , SINCLAIR , SCHULTZ , and GUTH A BILL FOR An Act relating to frivolous actions and attorney fees. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1735XS (3) 86 jh/sc

S.F. 190 Section 1. Section 610A.1, subsection 1, paragraph e, Code 1 2015, is amended to read as follows: 2 e. If the inmate has unsuccessfully prosecuted three or more 3 frivolous actions in the preceding five-year period, or if the 4 court deems the current action to be frivolous, the court may 5 stay the proceeding in accordance with section 617.16 . 6 Sec. 2. Section 617.16, Code 2015, is amended to read as 7 follows: 8 617.16 Frivolous actions. 9 1. If a party commencing an action has in the preceding 10 five-year period unsuccessfully prosecuted three or more 11 actions , and the court may, if it deems the actions to have 12 been frivolous, or if the court deems the current action to be 13 frivolous, the court may stay the proceedings until that the 14 party furnishes who commenced the action has complied with the 15 court’s order to do either of the following: 16 a. Furnish an undertaking secured by cash or approved 17 sureties to pay all costs resulting to opposing parties to the 18 action including a reasonable attorney fee. 19 b. Provide an amount representing a reasonable attorney fee 20 to the court, which the court shall dispense to the opposing 21 parties to defend the action. 22 2. If the party who commenced the action prevails, and had 23 paid attorney fees under section 1, subsection “b” , the court 24 shall order the parties who received such attorney fees to 25 repay the party who commenced the action in the same amount, in 26 addition to any other recovery ordered by the court. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to frivolous actions and attorney fees. 31 Under current law, if a party who commences an action 32 has unsuccessfully prosecuted three or more actions in the 33 preceding five-year period and the court deems those actions 34 to be frivolous, the court may stay the proceeding until the 35 -1- LSB 1735XS (3) 86 jh/sc 1/ 2

S.F. 190 party commencing the action has furnished security in cash or 1 sureties to pay all costs resulting to opposing parties to the 2 action, including a reasonable attorney fee. 3 The bill amends current law to also allow a court to stay 4 a proceeding if the court deems the current action to be 5 frivolous. 6 The bill provides that if the court has deemed the previously 7 filed actions or the current action to be frivolous, in 8 addition to the current option to require the party commencing 9 the action to furnish security to pay all costs resulting to 10 opposing parties to the action, including a reasonable attorney 11 fee, the court may require the party commencing the action to 12 pay an amount representing a reasonable attorney fee for the 13 opposing parties to use to defend the action. If the court 14 orders the party who commenced the action to pay an amount 15 representing a reasonable attorney fee to the opposing parties 16 to use to defend the action and the party who commenced the 17 action ultimately prevails in the action, then the opposing 18 parties shall repay the amount representing the attorney fee, 19 in addition to any other recovery to which such party is 20 entitled. 21 The bill makes conforming changes. 22 -2- LSB 1735XS (3) 86 jh/sc 2/ 2