S.F. _____ DIVISION I 1 IOWA TORT CLAIMS ACT 2 Section 1. Section 669.14, Code 2019, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 16. Any claim against an employee of the 5 state arising out of an act or omission of the employee in the 6 execution of or enforcement of any law unless the employee’s 7 act constitutes willful and wanton misconduct. 8 Sec. 2. NEW SECTION . 669.26 Limitation of liability. 9 A person bringing a tort claim for excessive use of force, 10 arrest without probable cause, or false arrest against the 11 state or a peace officer of the state shall not recover 12 compensatory damages in excess of one hundred thousand dollars 13 for damages arising from a single incident or occurrence. This 14 limitation does not apply to damages for medical expenses. 15 Sec. 3. NEW SECTION . 669.27 Arrest without probable cause 16 —— defense. 17 1. A peace officer shall not be liable for a tort claim for 18 an arrest without probable cause if arguable probable cause 19 or probable cause existed for any charge at the time of the 20 claimant’s arrest. 21 2. The court shall determine whether the undisputed 22 material facts establish arguable probable cause or probable 23 cause for an arrest. A court’s determination that arguable 24 probable cause or probable cause existed for a claimant’s 25 arrest shall bar the claimant’s claim. 26 3. A peace officer of the state shall be entitled to 27 qualified immunity from suit for arrest without probable cause 28 if the arrest was supported by arguable probable cause or 29 probable cause based on the facts and information known or 30 perceived by the arresting officer at the time of arrest, if 31 the officer acted objectively reasonably, or if the arrest 32 was supported by a warrant, unless the officer knew that the 33 warrant was invalid. 34 4. The court shall construe this section liberally in favor 35 -1- LSB 1717XC (4) 88 ss/jh 1/ 11

S.F. _____ of the peace officer. 1 Sec. 4. NEW SECTION . 669.28 Arrest —— exceptions. 2 1. In a tort claim where an arrest is an element of 3 the claim, or in a tort claim for false arrest or false 4 imprisonment, the following shall not constitute an arrest: 5 a. A seizure or detention of a person by a peace officer for 6 the purpose of an investigatory stop. 7 b. A seizure of a person by a peace officer, correctional 8 officer, bailiff, or a person summoned to aid by a peace 9 officer, correctional officer, or bailiff, by use of force for 10 the purpose of defending any person from a perceived threat 11 of bodily harm or death if the peace officer, correctional 12 officer, bailiff, or a person summoned to aid by a peace 13 officer, correctional officer, or bailiff reasonably believes, 14 based on the facts and information available, that the use of 15 force is reasonable in the circumstances. 16 c. The restraint of a person, including a prisoner, in 17 the custody of an officer, employee, or contractor of a law 18 enforcement or correctional agency of the federal government, 19 the state, or a municipality, including for transportation of 20 a person or prisoner pursuant to an arrest warrant or court 21 order, or as otherwise permitted by law. 22 2. In a tort claim or action for arrest without probable 23 cause, the court shall determine whether a seizure constitutes 24 an arrest as a matter of law. 25 Sec. 5. NEW SECTION . 669.29 Recklessness —— burden of 26 proof. 27 1. A person bringing a tort claim against the state or an 28 employee of the state for which recklessness is an element 29 shall prove recklessness by clear and convincing evidence. 30 2. The court shall make a preliminary determination not 31 less than sixty days before trial whether sufficient admissible 32 evidence exists to present the issue of recklessness to the 33 finder of fact at trial. If the claimant fails to present 34 sufficient admissible evidence on the issue of recklessness, 35 -2- LSB 1717XC (4) 88 ss/jh 2/ 11

S.F. _____ the court shall dismiss the claim with prejudice. 1 Sec. 6. NEW SECTION . 669.30 Punitive damages —— 2 limitations. 3 1. The state or employee of the state shall have the right 4 to a bifurcated trial on the issue of punitive damages in any 5 tort action where a claimant seeks punitive damages. 6 2. Punitive damages for any tort claim shall not exceed two 7 times the amount of compensatory damages awarded by the trier 8 of fact. The court shall reduce any award of punitive damages 9 in excess of two times the amount of compensatory damages. 10 DIVISION II 11 IOWA MUNICIPAL TORT CLAIMS ACT 12 Sec. 7. Section 670.2, Code 2019, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 4. An employee is not personally liable 15 for a claim arising out of an act of the employee taken in 16 execution or enforcement of any law unless the act constitutes 17 willful and wanton misconduct. 18 Sec. 8. Section 670.4, subsection 1, paragraph k, Code 2019, 19 is amended to read as follows: 20 k. A claim based upon or arising out of an act or omission 21 of a municipality in connection with an emergency response 22 including but not limited to acts or omissions in connection 23 with emergency response communications services. For the 24 purposes of this paragraph, “municipality” includes a nonprofit 25 corporation that delivers such emergency response services on 26 behalf of a city, county, township, or benefited fire district 27 pursuant to a written contract. The city, county, township, 28 or benefited fire district shall file the written contract and 29 any amendment, modification, or notice of termination of the 30 contract in an electronic format with the secretary of state 31 within thirty days of the effective date of the contract, 32 amendment, modification, or termination in a manner specified 33 by the secretary of state. 34 Sec. 9. Section 670.7, Code 2019, is amended by adding the 35 -3- LSB 1717XC (4) 88 ss/jh 3/ 11

S.F. _____ following new subsection: 1 NEW SUBSECTION . 5. The governing body of a municipality 2 shall purchase and maintain insurance or risk pool coverage for 3 claims for punitive damages in tort actions for wrongful death, 4 excessive force, and arrest without probable cause against its 5 law enforcement and public safety officers, employees, and 6 volunteers, whether elected or appointed, arising out of an 7 alleged act or omission occurring within the scope of such a 8 person’s employment or duties. The governing body may purchase 9 and maintain insurance or risk pool coverage for claims for 10 punitive damages against its law enforcement and public safety 11 officers, employees, and volunteers for other tort actions. 12 The purchase of insurance or risk pool coverage pursuant to 13 this subsection does not waive a defense of governmental 14 immunity to any claim or action brought against a law 15 enforcement or public safety officer, employee, or volunteer. 16 Sec. 10. NEW SECTION . 670.14 Notice of claims. 17 1. A person bringing a tort claim against a municipality, or 18 an officer, employee, or elected official of a municipality, 19 shall submit notice of the claim to the county attorney in 20 writing not later than one hundred eighty days after the 21 accrual of the claim. 22 2. A person bringing a tort claim against a city or an 23 officer, employee, or elected official of a city shall submit 24 notice of the claim to the city clerk in writing not later than 25 one hundred eighty days after the accrual of the claim. 26 3. A failure to submit notice consistent with this section 27 shall be grounds for dismissal with prejudice. 28 Sec. 11. NEW SECTION . 670.15 Limitation of liability. 29 A person bringing a tort claim for excessive use of force, 30 arrest without probable cause, or false arrest against a 31 municipality or a peace officer of a municipality shall 32 not recover compensatory damages in excess of one hundred 33 thousand dollars for damages arising from a single incident 34 or occurrence. This limitation does not apply to damages for 35 -4- LSB 1717XC (4) 88 ss/jh 4/ 11

S.F. _____ medical expenses. 1 Sec. 12. NEW SECTION . 670.16 Arrest without probable cause 2 —— defense. 3 1. A peace officer shall not be liable for an arrest without 4 probable cause if arguable probable cause or probable cause 5 existed for any charge at the time of the claimant’s arrest. 6 2. The court shall determine whether the undisputed 7 material facts establish arguable probable cause or probable 8 cause for an arrest. A district court’s determination that 9 arguable probable cause or probable cause existed for a 10 claimant’s arrest shall bar the claimant’s claim. 11 3. The municipality and a peace officer of the municipality 12 shall be entitled to qualified immunity from suit if the arrest 13 was supported by arguable probable cause or probable cause 14 based on the facts and information known or perceived by the 15 arresting officer at the time of arrest, if the officer acted 16 objectively reasonably, or if the arrest was supported by a 17 warrant, unless the officer knew that the warrant was invalid. 18 4. The court shall construe this section liberally in favor 19 of the peace officer and the municipality. 20 Sec. 13. NEW SECTION . 670.17 Arrest —— exceptions. 21 1. In a tort claim where an arrest is an element of 22 the claim, or in a tort claim for false arrest or false 23 imprisonment, the following shall not constitute an arrest: 24 a. A seizure or detention of a person by a peace officer for 25 the purpose of an investigatory stop. 26 b. A seizure of a person by a peace officer, correctional 27 officer, bailiff, or a person summoned to aid by a peace 28 officer, correctional officer, or bailiff, by use of force for 29 the purpose of defending any person from a perceived threat 30 of bodily harm or death if the peace officer, correctional 31 officer, bailiff, or a person summoned to aid by a peace 32 officer, correctional officer, or bailiff, reasonably believes, 33 based on the facts and information available, that the use of 34 force is reasonable in the circumstances. 35 -5- LSB 1717XC (4) 88 ss/jh 5/ 11

S.F. _____ c. The restraint of a person, including a prisoner, in 1 the custody of an officer, employee, or contractor of a law 2 enforcement or correctional agency of the federal government, 3 the state, or a municipality, including for transportation of 4 a person or prisoner pursuant to an arrest warrant or court 5 order, or as otherwise permitted by law. 6 2. In a tort claim or action for arrest without probable 7 cause, the court shall determine whether a seizure constitutes 8 an arrest as a matter of law. 9 Sec. 14. NEW SECTION . 670.18 Recklessness —— burden of 10 proof. 11 1. A person bringing a tort claim against a municipality or 12 an officer, employee, or elected official of a municipality for 13 which recklessness is an element shall prove recklessness by 14 clear and convincing evidence. 15 2. The district court shall make a preliminary 16 determination not less than sixty days before trial whether 17 sufficient admissible evidence exists to present the issue of 18 recklessness to the finder of fact at trial. If the claimant 19 fails to present sufficient admissible evidence on the issue of 20 recklessness, the court shall dismiss the claim with prejudice. 21 Sec. 15. NEW SECTION . 670.19 Punitive damages —— 22 limitations. 23 1. A municipality or an officer, employee, or elected 24 official of a municipality shall have the right to a bifurcated 25 trial in any tort action where a claimant seeks punitive 26 damages. 27 2. Punitive damages for any tort claim shall not exceed two 28 times the amount of compensatory damages awarded by the trier 29 of fact. The court shall reduce any award of punitive damages 30 in excess of two times the amount of compensatory damages. 31 DIVISION III 32 ARRESTS 33 Sec. 16. Section 804.2, Code 2019, is amended to read as 34 follows: 35 -6- LSB 1717XC (4) 88 ss/jh 6/ 11

S.F. _____ 804.2 Contents of arrest warrant. 1 1. The warrant must be directed to any peace officer in 2 the state; give the name of the defendant, if known to the 3 magistrate; if unknown, may designate “name unknown”; and 4 must state by name or general description an offense which 5 authorizes a warrant to issue, the date of issuing it, the 6 county or city where issued, and be signed by the magistrate 7 with the magistrate’s name of office. 8 2. A provision on or attached to a warrant relating to 9 the transportation of a person subject to a warrant may be 10 modified by the sheriff responsible for the transportation of 11 such a person. Such an amendment or modification shall not 12 affect the validity of the arrest warrant or form the basis 13 for any tort claim against the state or a municipality, or an 14 officer, employee, elected official, or agent of the state or a 15 municipality. 16 Sec. 17. Section 804.5, Code 2019, is amended to read as 17 follows: 18 804.5 Arrest defined. 19 Arrest is the taking of a person into custody when and in 20 the manner authorized by law and the initiating of a criminal 21 process against the person , including restraint of the person 22 or the person’s submission to custody. 23 DIVISION IV 24 EFFECTIVE DATE AND APPLICABILITY PROVISIONS 25 Sec. 18. EFFECTIVE DATE. This Act, being deemed of 26 immediate importance, takes effect upon enactment. 27 Sec. 19. APPLICABILITY. This Act applies to all claims 28 accruing on or after the effective date of this Act. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to state, municipal, and employee 33 liability for certain torts. 34 DIVISION I —— IOWA TORT CLAIMS ACT. The bill provides that a 35 -7- LSB 1717XC (4) 88 ss/jh 7/ 11

S.F. _____ person cannot bring a tort arising out of an act or omission of 1 an employee of the state in the execution or enforcement of any 2 law against an employee of the state in the employee’s unless 3 the employee’s act constitutes willful and wanton conduct. 4 The bill limits recovery of compensatory damages for claims 5 of excessive use of force, arrest without probable cause, or 6 false arrest against the state or a peace officer of the state 7 to $100,000 per incident or occurrence. This limitation does 8 not apply to damages for medical expenses. 9 The bill bars a claim for arrest without probable cause 10 against a peace officer of the state if probable cause or 11 arguable probable cause existed for any charge at the time of 12 the claimant’s arrest. The bill requires a district court 13 to determine whether the undisputed material facts of a case 14 establish that arguable probable cause or probable cause 15 existed at the time of the claimant’s arrest. An affirmative 16 finding bars the claimant’s claim. The bill grants qualified 17 immunity from suit for arrest without probable cause to an 18 officer who believed there was arguable probable cause or 19 probable cause based on the information available to the 20 officer, if the officer acted objectively reasonably, or if the 21 arrest was supported by a warrant, unless the officer knew that 22 the warrant was invalid. The bill instructs district courts to 23 construe the Code section liberally in favor of peace officers. 24 The bill enumerates certain actions that do not constitute 25 arrest with respect to a tort claim that has arrest as an 26 element. These actions are: a seizure or detention for the 27 purpose of an investigatory stop; a seizure by use of force by 28 certain employees for the purpose of defending a person from a 29 perceived threat of bodily harm or death if the person using 30 force reasonably believes that the use of force is reasonable 31 in the circumstances; and the restraint of a person in custody. 32 The bill instructs district courts to determine as a matter 33 of law whether a seizure constitutes an arrest when hearing a 34 claim for arrest without probable cause. 35 -8- LSB 1717XC (4) 88 ss/jh 8/ 11

S.F. _____ The bill requires a person bringing a tort claim against the 1 state or an officer, employee, or elected official of the state 2 for which recklessness is an element to prove recklessness 3 by clear and convincing evidence. The bill also requires a 4 district court hearing such a claim to determine not less than 5 60 days before trial whether there is sufficient admissible 6 evidence to present the issue of recklessness to the finder of 7 fact at trial. 8 The bill grants to the state or an officer, employee, or 9 elected official of the state the right to a bifurcated trial 10 on the issue of punitive damages in any tort action where a 11 claimant seeks punitive damages. The bill also limits punitive 12 damages to two times the amount of compensatory damages. 13 DIVISION II —— IOWA MUNICIPAL TORT CLAIMS ACT. The bill 14 provides that a person cannot bring a tort arising out of 15 an act or omission of an employee of a municipality in the 16 execution or enforcement of any law against an employee of the 17 municipality in the employee’s personal capacity unless the 18 employee’s act constitutes willful and wanton conduct. 19 The bill extends the immunity from tort liability, absent 20 an express statute, granted to municipalities for claims 21 based upon or arising out of an act or omission in connection 22 with emergency response services to nonprofit corporations 23 providing the same services pursuant to a written contract with 24 a city, county, township, or benefited fire district. Any such 25 contract and any modifications thereto shall be filed with the 26 secretary of state within 30 days of their effectiveness. 27 The bill requires the governing body of a municipality 28 to purchase insurance or risk pool coverage for claims for 29 punitive damages in certain cases against its employees and 30 volunteers arising out of an act or omission within the scope 31 of such a person’s duties. The bill allows the governing body 32 of a municipality to purchase such insurance or coverage for 33 punitive damages in all other actions. The purchase of such 34 insurance or coverage does not waive a defense of governmental 35 -9- LSB 1717XC (4) 88 ss/jh 9/ 11

S.F. _____ immunity. 1 The bill requires a person bringing a tort claim against 2 a county or township, or an officer, employee, or elected 3 official of a county or township to submit notice of the claim 4 to the county attorney in writing not later than 180 days after 5 the claim accrues. The bill also requires a person bringing a 6 tort claim against a city or an officer, employee, or elected 7 official of a city to submit notice of the claim to the city 8 clerk in writing not later than 180 days after the claim 9 accrues. 10 The bill limits recovery of compensatory damages for claims 11 of excessive use of force, arrest without probable cause, or 12 false arrest against a municipality or a peace officer of the 13 municipality to $100,000 per incident or occurrence. This 14 limitation does not apply to damages for medical expenses. 15 The bill bars a claim for arrest without probable cause 16 against a peace officer of a municipality if probable cause 17 or arguable probable cause existed for any charge at the time 18 of the claimant’s arrest. The bill requires a district court 19 to determine whether the undisputed material facts of a case 20 establish that arguable probable cause or probable cause 21 existed at the time of the claimant’s arrest. An affirmative 22 finding bars the claimant’s claim. The bill grants qualified 23 immunity from suit for arrest without probable cause to an 24 officer who believed there was arguable probable cause or 25 probable cause based on the information available to the 26 officer, if the officer acted objectively reasonably, or if the 27 arrest was supported by a warrant, unless the officer knew that 28 the warrant was invalid. The bill instructs district courts to 29 construe the Code section liberally in favor of peace officers. 30 The bill enumerates certain actions that do not constitute 31 arrest with respect to a tort claim that has arrest as an 32 element. These actions are: a seizure or detention for the 33 purpose of an investigatory stop; a seizure by use of force by 34 certain employees for the purpose of defending a person from a 35 -10- LSB 1717XC (4) 88 ss/jh 10/ 11

S.F. _____ perceived threat of bodily harm or death if the person using 1 force reasonably believes that the use of force is reasonable 2 in the circumstances; and the restraint of a person in custody. 3 The bill instructs courts to determine as a matter of law 4 whether a seizure constitutes an arrest when hearing a claim 5 for arrest without probable cause. 6 The bill requires a person bringing a tort claim against 7 a municipality or an officer, employee, or elected official 8 of the state for which recklessness is an element to prove 9 recklessness by clear and convincing evidence. The bill 10 also requires a court hearing such a claim to determine not 11 less than 60 days before trial whether there is sufficient 12 admissible evidence to present the issue of recklessness to the 13 finder of fact at trial. 14 The bill grants to the state or an officer, employee, or 15 elected official of the state the right to a bifurcated trial 16 on the issue of punitive damages in any tort action where a 17 claimant seeks punitive damages. The bill also limits punitive 18 damages to two times the amount of compensatory damages. 19 DIVISION III —— ARRESTS. The bill allows a sheriff 20 responsible for the transport of a person arrested pursuant to 21 a warrant to modify any designation relating to the transport 22 of that person on or attached to the warrant without affecting 23 the validity of the warrant or giving rise to a tort claim. 24 The bill changes the definition of “arrest” to require the 25 initiating of a criminal process against a person before an 26 arrest has occurred. 27 DIVISION IV —— EFFECTIVE DATE AND APPLICABILITY PROVISIONS. 28 The bill is effective upon enactment and applies to all claims 29 accruing on or after the effective date of the bill. 30 -11- LSB 1717XC (4) 88 ss/jh 11/ 11