House File 2078 - Introduced HOUSE FILE 2078 BY LATHAM 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 5940YH (2) 90 je/jh
H.F. 2078 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, 2, 3, and 4, Code 18 2024, 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 health and human 23 services, employee of the department of revenue, national 24 guard member engaged in national guard duty or state active 25 duty, civilian employee of a law enforcement agency, civilian 26 employee of a fire department, or fire fighter, whether paid 27 or volunteer, with the knowledge that the person against 28 whom the assault is committed is a peace officer, jailer, 29 correctional staff, member or employee of the board of parole, 30 health care provider, employee of the department of health and 31 human services, employee of the department of revenue, national 32 guard member engaged in national guard duty or state active 33 duty, civilian employee of a law enforcement agency, civilian 34 employee of a fire department, or fire fighter , or sports 35 -1- LSB 5940YH (2) 90 je/jh 1/ 5
H.F. 2078 official, and with the intent to inflict a serious injury 1 upon the peace officer, jailer, correctional staff, member or 2 employee of the board of parole, health care provider, employee 3 of the department of health and human services, employee of 4 the department of revenue, national guard member engaged in 5 national guard duty or state active duty, civilian employee 6 of a law enforcement agency, civilian employee of a fire 7 department, or fire fighter, or sports official, is guilty of a 8 class “D” felony. 9 2. A person who commits an assault, as defined in section 10 708.1 , against a peace officer, jailer, correctional staff, 11 member or employee of the board of parole, health care 12 provider, employee of the department of health and human 13 services, employee of the department of revenue, national 14 guard member engaged in national guard duty or state active 15 duty, civilian employee of a law enforcement agency, civilian 16 employee of a fire department, or fire fighter, or sports 17 official, whether paid or volunteer, who knows that the person 18 against whom the assault is committed is a peace officer, 19 jailer, correctional staff, member or employee of the board 20 of parole, health care provider, employee of the department 21 of health and human services, employee of the department of 22 revenue, national guard member engaged in national guard duty 23 or state active duty, civilian employee of a law enforcement 24 agency, civilian employee of a fire department, or fire 25 fighter , or sports official, and who uses or displays a 26 dangerous weapon in connection with the assault, is guilty of a 27 class “D” felony. 28 3. A person who commits an assault, as defined in section 29 708.1 , against a peace officer, jailer, correctional staff, 30 member or employee of the board of parole, health care 31 provider, employee of the department of health and human 32 services, employee of the department of revenue, national 33 guard member engaged in national guard duty or state active 34 duty, civilian employee of a law enforcement agency, civilian 35 -2- LSB 5940YH (2) 90 je/jh 2/ 5
H.F. 2078 employee of a fire department, or fire fighter, or sports 1 official, whether paid or volunteer, who knows that the person 2 against whom the assault is committed is a peace officer, 3 jailer, correctional staff, member or employee of the board 4 of parole, health care provider, employee of the department 5 of health and human services, employee of the department of 6 revenue, national guard member engaged in national guard duty 7 or state active duty, civilian employee of a law enforcement 8 agency, civilian employee of a fire department, or fire 9 fighter, or sports official, and who causes bodily injury or 10 mental illness, is guilty of an aggravated misdemeanor. 11 4. Any other assault, as defined in section 708.1 , committed 12 against a peace officer, jailer, correctional staff, member or 13 employee of the board of parole, health care provider, employee 14 of the department of health and human services, employee of 15 the department of revenue, national guard member engaged in 16 national guard duty or state active duty, civilian employee 17 of a law enforcement agency, civilian employee of a fire 18 department, or fire fighter, or sports official, whether paid 19 or volunteer, by a person who knows that the person against 20 whom the assault is committed is a peace officer, jailer, 21 correctional staff, member or employee of the board of parole, 22 health care provider, employee of the department of health and 23 human services, employee of the department of revenue, national 24 guard member engaged in national guard duty or state active 25 duty, civilian employee of a law enforcement agency, civilian 26 employee of a fire department, or fire fighter, or sports 27 official, is a serious misdemeanor. 28 Sec. 5. Section 708.3A, subsection 5, Code 2024, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . 0h. “Sports official” means an individual 31 who serves as a referee, umpire, or linesman, or in a similar 32 capacity, at any athletic contest, and who is a member of 33 or registered with a local, state, regional, or national 34 organization that is engaged, in part, in providing education 35 -3- LSB 5940YH (2) 90 je/jh 3/ 5
H.F. 2078 and training to referees, umpires, linesman, or persons in 1 similar capacities. 2 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 3 importance, takes effect upon enactment. 4 Sec. 7. APPLICABILITY. The following apply to legal actions 5 commenced after the effective date of this Act, including legal 6 actions that allege actions or inactions of a sports official 7 that occurred prior to the effective date of this Act: 8 1. The section of this Act enacting section 671B.1. 9 2. The section of this Act enacting section 671B.2. 10 3. The section of this Act enacting section 671B.3. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill provides that a sports official who officiates 15 an athletic contest at any level of competition in Iowa shall 16 not be liable to any person in any civil action for injuries 17 or damages claimed to have arisen due to actions or inactions 18 within the confines of the athletic facility at which the 19 athletic contest is played related in any manner to the sports 20 official’s officiating duties. This provision does not apply 21 to a sports official who causes injury or damage to a person 22 by actions or inactions that are intentional, malicious, or 23 grossly negligent. The bill applies to legal actions commenced 24 after the effective date of the bill, including legal actions 25 that allege actions or inactions of a sports official that 26 occurred prior to the effective date of the bill. 27 The bill provides that a person who commits an assault 28 against a sports official, with the knowledge that the person 29 against whom the assault is committed is a sports official, 30 and with the intent to commit a serious injury, is guilty of a 31 class “D” felony. The bill provides that a person who commits 32 an assault against a sports official, who knows that the person 33 against whom the assault is committed is a sports official, and 34 who uses or displays a dangerous weapon in connection with the 35 -4- LSB 5940YH (2) 90 je/jh 4/ 5
H.F. 2078 assault, is guilty of a class “D” felony. The bill provides 1 that a person who commits an assault against a sports official, 2 who knows that the person against whom the assault is committed 3 is a sports official, and who causes bodily injury or mental 4 illness, is guilty of an aggravated misdemeanor. The bill 5 provides that any other assault committed against a sports 6 official by a person who knows that the person against whom 7 the assault is committed is a sports official is a serious 8 misdemeanor. A class “D” felony is punishable by confinement 9 for no more than five years and a fine of at least $1,025 but 10 not more than $10,245. An aggravated misdemeanor is punishable 11 by confinement for no more than two years and a fine of at 12 least $855 but not more than $8,540. A serious misdemeanor is 13 punishable by confinement for no more than one year and a fine 14 of at least $430 but not more than $2,560. 15 The bill defines “sports official” as an individual who 16 serves as a referee, umpire, or linesman, or in a similar 17 capacity, at any athletic contest, and who is a member of 18 or registered with a local, state, regional, or national 19 organization that is engaged, in part, in providing education 20 and training to sports officials. 21 The bill takes effect upon enactment. 22 -5- LSB 5940YH (2) 90 je/jh 5/ 5