HF 11 (LSB 1450YH (2) 88)

HOUSE FILE 11

BY  HUNTER

A BILL FOR

An Act relating to the imposition of civil liability on parents or guardians when minors cause injury with firearms.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  613.16A  Civil liability for parents or guardians when a minor causes injury with a firearm.
   1.  For the purpose of this section, “minor” means an unemancipated child under the age of eighteen years. 
   2.  If a parent or guardian who has custody and control of a minor either permits the minor to possess a firearm or leaves the firearm in a place accessible to the minor, and the minor discharges the firearm, civil liability shall be imputed to the parent or guardian for purposes of civil damages for any injury to a person or property of a person other than the minor proximately caused by the discharge and the parent or guardian shall be jointly and severally liable with the minor for any damages resulting from the act. 
   3.  The liability imposed by this section is in addition to the liability imposed by section 613.16 and any liability otherwise imposed by law. However, no person, or group of persons collectively, shall incur liability under this section in any amount exceeding thirty thousand dollars for injury to or death of one person as a result of any one occurrence or, subject to the limit as to one person, exceeding sixty thousand dollars for injury to or death for all persons as a result of any one such occurrence. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to civil liability of parents or guardians when a minor causes injury with a firearm. 
   The bill provides that if a parent or guardian either permits a minor to have a firearm or leaves the firearm in a place accessible to the minor, and the minor discharges the firearm, civil liability shall be imputed to a parent or guardian having custody and control of the minor for purposes of civil damages for any injury to the person or property of a person other than the minor proximately caused by the discharge, and the parent or guardian shall be jointly and severally liable with the minor for any damages resulting from the act.
   The bill provides that the liability imposed by the Code section is in addition to any liability otherwise imposed by law. However, the bill provides that no person, or group of persons collectively, shall incur liability under the Code section in any amount exceeding $30,000 for injury to or death of one person as a result of any one occurrence or, subject to the limit as to one person, exceeding $60,000 for injury to or death for all persons as a result of any one such occurrence.