Senate File 2023 - Introduced SENATE FILE 2023 BY BOLKCOM A BILL FOR An Act relating to civil liability of sports officials, 1 providing criminal penalties for assault of sports 2 officials, and including effective date and applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5141XS (4) 88 je/jh
S.F. 2023 Section 1. NEW SECTION . 671B.1 Definition. 1 “Sports official” means the same as defined in section 2 708.3A. 3 Sec. 2. NEW SECTION . 671B.2 Sports officials —— limitation 4 of liability. 5 A sports official who officiates an athletic contest at any 6 level of competition in this state shall not be liable to any 7 person in any civil action for injuries or damages claimed to 8 have arisen due to actions or inactions within the confines of 9 the athletic facility at which the athletic contest is played 10 related in any manner to the sports official’s officiating 11 duties. 12 Sec. 3. NEW SECTION . 671B.3 Sports officials —— liability 13 protection not applicable. 14 This chapter does not apply to a sports official who causes 15 injury or damage to a person by actions or inactions that are 16 intentional, malicious, or grossly negligent. 17 Sec. 4. Section 708.3A, subsections 1 through 4, Code 2020, 18 are amended to read as follows: 19 1. A person who commits an assault, as defined in section 20 708.1 , against a peace officer, jailer, correctional staff, 21 member or employee of the board of parole, health care 22 provider, employee of the department of human services, 23 employee of the department of revenue, or fire fighter, whether 24 paid or volunteer, or sports official, with the knowledge that 25 the person against whom the assault is committed is a peace 26 officer, jailer, correctional staff, member or employee of 27 the board of parole, health care provider, employee of the 28 department of human services, employee of the department of 29 revenue, or fire fighter , or sports official and with the 30 intent to inflict a serious injury upon the peace officer, 31 jailer, correctional staff, member or employee of the board of 32 parole, health care provider, employee of the department of 33 human services, employee of the department of revenue, or fire 34 fighter, or sports official, is guilty of a class “D” felony. 35 -1- LSB 5141XS (4) 88 je/jh 1/ 4
S.F. 2023 2. A person who commits an assault, as defined in section 1 708.1 , against a peace officer, jailer, correctional staff, 2 member or employee of the board of parole, health care 3 provider, employee of the department of human services, 4 employee of the department of revenue, or fire fighter, 5 whether paid or volunteer, or sports official, who knows that 6 the person against whom the assault is committed is a peace 7 officer, jailer, correctional staff, member or employee of 8 the board of parole, health care provider, employee of the 9 department of human services, employee of the department of 10 revenue, or fire fighter or sports official, and who uses or 11 displays a dangerous weapon in connection with the assault, is 12 guilty of a class “D” felony. 13 3. A person who commits an assault, as defined in section 14 708.1 , against a peace officer, jailer, correctional staff, 15 member or employee of the board of parole, health care 16 provider, employee of the department of human services, 17 employee of the department of revenue, or fire fighter, whether 18 paid or volunteer, or sports official who knows that the person 19 against whom the assault is committed is a peace officer, 20 jailer, correctional staff, member or employee of the board of 21 parole, health care provider, employee of the department of 22 human services, employee of the department of revenue, or fire 23 fighter, or sports official, and who causes bodily injury or 24 mental illness, is guilty of an aggravated misdemeanor. 25 4. Any other assault, as defined in section 708.1 , committed 26 against a peace officer, jailer, correctional staff, member or 27 employee of the board of parole, health care provider, employee 28 of the department of human services, employee of the department 29 of revenue, or fire fighter, whether paid or volunteer, or 30 sports official, by a person who knows that the person against 31 whom the assault is committed is a peace officer, jailer, 32 correctional staff, member or employee of the board of parole, 33 health care provider, employee of the department of human 34 services, employee of the department of revenue, or fire 35 -2- LSB 5141XS (4) 88 je/jh 2/ 4
S.F. 2023 fighter, or sports official, is a serious misdemeanor. 1 Sec. 5. Section 708.3A, subsection 5, Code 2020, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . f. “Sports official” means an individual 4 who serves as a referee, umpire, or linesman, or in a similar 5 capacity, at any athletic contest, and who is a member of 6 or registered with a local, state, regional, or national 7 organization that is engaged, in part, in providing education 8 and training to referees, umpires, linesman, or persons in 9 similar capacities. 10 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 11 importance, takes effect upon enactment. 12 Sec. 7. APPLICABILITY. The following apply to legal actions 13 commenced after the effective date of this Act, including legal 14 actions that allege actions or inactions of a sports official 15 that occurred prior to the effective date of this Act: 16 1. The section of this Act enacting section 671B.1. 17 2. The section of this Act enacting section 671B.2. 18 3. The section of this Act enacting section 671B.3. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill provides that a sports official who officiates 23 an athletic contest at any level of competition in Iowa shall 24 not be liable to any person in any civil action for injuries 25 or damages claimed to have arisen due to actions or inactions 26 within the confines of the athletic facility at which the 27 athletic contest is played related in any manner to the sports 28 official’s officiating duties. This provision does not apply 29 to a sports official who causes injury or damage to a person 30 by actions or inactions that are intentional, malicious, or 31 grossly negligent. The bill applies to legal actions commenced 32 after the effective date of the bill, including legal actions 33 that allege actions or inactions of a sports official that 34 occurred prior to the effective date of the bill. 35 -3- LSB 5141XS (4) 88 je/jh 3/ 4
S.F. 2023 The bill provides that a person who commits an assault 1 against a sports official, with the knowledge that the person 2 against whom the assault is committed is a sports official, 3 and with the intent to commit a serious injury, is guilty of a 4 class “D” felony. The bill provides that a person who commits 5 an assault against a sports official, who knows that the person 6 against whom the assault is committed is a sports official, and 7 who uses or displays a dangerous weapon in connection with the 8 assault, is guilty of a class “D” felony. The bill provides 9 that a person who commits an assault against a sports official, 10 who knows that the person against whom the assault is committed 11 is a sports official, and who causes bodily injury or mental 12 illness, is guilty of an aggravated misdemeanor. The bill 13 provides that any other assault committed against a sports 14 official by a person who knows that the person against whom 15 the assault is committed is a sports official is a serious 16 misdemeanor. A class “D” felony is punishable by confinement 17 for no more than five years and a fine of at least $750 but 18 not more than $7,500. An aggravated misdemeanor is punishable 19 by confinement for no more than two years and a fine of at 20 least $625 but not more than $6,250. A serious misdemeanor is 21 punishable by confinement for no more than one year and a fine 22 of at least $315 but not more than $1,875. 23 The bill defines “sports official” as an individual who 24 serves as a referee, umpire, or linesman, or in a similar 25 capacity, at any athletic contest, and who is a member of 26 or registered with a local, state, regional, or national 27 organization that is engaged, in part, in providing education 28 and training to sports officials. 29 The bill takes effect upon enactment. 30 -4- LSB 5141XS (4) 88 je/jh 4/ 4