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Senate Study Bill 1106 - IntroducedA Bill ForAn Act 1relating to the liability of the state, counties,
2municipalities, and employees thereof for certain torts, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2IOWA TORT CLAIMS ACT
3 Section 1. Section 669.14, Code 2019, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 16. Any claim against an employee of the
6state arising out of an act or omission of the employee in the
7execution of or enforcement of any law unless the employee’s
8act constitutes willful and wanton misconduct.
9 Sec. 2. NEW SECTION. 669.26 Limitation of liability.
10A person bringing a tort claim for excessive use of force,
11arrest without probable cause, or false arrest against the
12state or a peace officer of the state shall not recover
13compensatory damages in excess of one hundred thousand dollars
14for damages arising from a single incident or occurrence. This
15limitation does not apply to damages for medical expenses.
16 Sec. 3. NEW SECTION. 669.27 Arrest without probable cause
17— defense.
181. A peace officer shall not be liable for a tort claim for
19an arrest without probable cause if arguable probable cause
20or probable cause existed for any charge at the time of the
21claimant’s arrest.
222. The court shall determine whether the undisputed
23material facts establish arguable probable cause or probable
24cause for an arrest. A court’s determination that arguable
25probable cause or probable cause existed for a claimant’s
26arrest shall bar the claimant’s claim.
273. A peace officer of the state shall be entitled to
28qualified immunity from suit for arrest without probable cause
29if the arrest was supported by arguable probable cause or
30probable cause based on the facts and information known or
31perceived by the arresting officer at the time of arrest, if
32the officer acted objectively reasonably, or if the arrest
33was supported by a warrant, unless the officer knew that the
34warrant was invalid.
354. The court shall construe this section liberally in favor
-1-1of the peace officer.
2 Sec. 4. NEW SECTION. 669.28 Arrest — exceptions.
31. In a tort claim where an arrest is an element of
4the claim, or in a tort claim for false arrest or false
5imprisonment, the following shall not constitute an arrest:
6a. A seizure or detention of a person by a peace officer for
7the purpose of an investigatory stop.
8b. A seizure of a person by a peace officer, correctional
9officer, bailiff, or a person summoned to aid by a peace
10officer, correctional officer, or bailiff, by use of force for
11the purpose of defending any person from a perceived threat
12of bodily harm or death if the peace officer, correctional
13officer, bailiff, or a person summoned to aid by a peace
14officer, correctional officer, or bailiff reasonably believes,
15based on the facts and information available, that the use of
16force is reasonable in the circumstances.
17c. The restraint of a person, including a prisoner, in
18the custody of an officer, employee, or contractor of a law
19enforcement or correctional agency of the federal government,
20the state, or a municipality, including for transportation of
21a person or prisoner pursuant to an arrest warrant or court
22order, or as otherwise permitted by law.
232. In a tort claim or action for arrest without probable
24cause, the court shall determine whether a seizure constitutes
25an arrest as a matter of law.
26 Sec. 5. NEW SECTION. 669.29 Recklessness — burden of
27proof.
281. A person bringing a tort claim against the state or an
29employee of the state for which recklessness is an element
30shall prove recklessness by clear and convincing evidence.
312. The court shall make a preliminary determination not
32less than sixty days before trial whether sufficient admissible
33evidence exists to present the issue of recklessness to the
34finder of fact at trial. If the claimant fails to present
35sufficient admissible evidence on the issue of recklessness,
-2-1the court shall dismiss the claim with prejudice.
2 Sec. 6. NEW SECTION. 669.30 Punitive damages —
3limitations.
41. The state or employee of the state shall have the right
5to a bifurcated trial on the issue of punitive damages in any
6tort action where a claimant seeks punitive damages.
72. Punitive damages for any tort claim shall not exceed two
8times the amount of compensatory damages awarded by the trier
9of fact. The court shall reduce any award of punitive damages
10in excess of two times the amount of compensatory damages.
11DIVISION II
12IOWA MUNICIPAL TORT CLAIMS ACT
13 Sec. 7. Section 670.2, Code 2019, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 4. An employee is not personally liable
16for a claim arising out of an act of the employee taken in
17execution or enforcement of any law unless the act constitutes
18willful and wanton misconduct.
19 Sec. 8. Section 670.4, subsection 1, paragraph k, Code 2019,
20is amended to read as follows:
21k. A claim based upon or arising out of an act or omission
22of a municipality in connection with an emergency response
23including but not limited to acts or omissions in connection
24with emergency response communications services. For the
25purposes of this paragraph, “municipality” includes a nonprofit
26corporation that delivers such emergency response services on
27behalf of a city, county, township, or benefited fire district
28pursuant to a written contract. The city, county, township,
29or benefited fire district shall file the written contract and
30any amendment, modification, or notice of termination of the
31contract in an electronic format with the secretary of state
32within thirty days of the effective date of the contract,
33amendment, modification, or termination in a manner specified
34by the secretary of state.
35 Sec. 9. Section 670.7, Code 2019, is amended by adding the
-3-1following new subsection:
2 NEW SUBSECTION. 5. The governing body of a municipality
3shall purchase and maintain insurance or risk pool coverage for
4claims for punitive damages in tort actions for wrongful death,
5excessive force, and arrest without probable cause against its
6law enforcement and public safety officers, employees, and
7volunteers, whether elected or appointed, arising out of an
8alleged act or omission occurring within the scope of such a
9person’s employment or duties. The governing body may purchase
10and maintain insurance or risk pool coverage for claims for
11punitive damages against its law enforcement and public safety
12officers, employees, and volunteers for other tort actions.
13The purchase of insurance or risk pool coverage pursuant to
14this subsection does not waive a defense of governmental
15immunity to any claim or action brought against a law
16enforcement or public safety officer, employee, or volunteer.
17 Sec. 10. NEW SECTION. 670.14 Notice of claims.
181. A person bringing a tort claim against a municipality, or
19an officer, employee, or elected official of a municipality,
20shall submit notice of the claim to the county attorney in
21writing not later than one hundred eighty days after the
22accrual of the claim.
232. A person bringing a tort claim against a city or an
24officer, employee, or elected official of a city shall submit
25notice of the claim to the city clerk in writing not later than
26one hundred eighty days after the accrual of the claim.
273. A failure to submit notice consistent with this section
28shall be grounds for dismissal with prejudice.
29 Sec. 11. NEW SECTION. 670.15 Limitation of liability.
30A person bringing a tort claim for excessive use of force,
31arrest without probable cause, or false arrest against a
32municipality or a peace officer of a municipality shall
33not recover compensatory damages in excess of one hundred
34thousand dollars for damages arising from a single incident
35or occurrence. This limitation does not apply to damages for
-4-1medical expenses.
2 Sec. 12. NEW SECTION. 670.16 Arrest without probable cause
3— defense.
41. A peace officer shall not be liable for an arrest without
5probable cause if arguable probable cause or probable cause
6existed for any charge at the time of the claimant’s arrest.
72. The court shall determine whether the undisputed
8material facts establish arguable probable cause or probable
9cause for an arrest. A district court’s determination that
10arguable probable cause or probable cause existed for a
11claimant’s arrest shall bar the claimant’s claim.
123. The municipality and a peace officer of the municipality
13shall be entitled to qualified immunity from suit if the arrest
14was supported by arguable probable cause or probable cause
15based on the facts and information known or perceived by the
16arresting officer at the time of arrest, if the officer acted
17objectively reasonably, or if the arrest was supported by a
18warrant, unless the officer knew that the warrant was invalid.
194. The court shall construe this section liberally in favor
20of the peace officer and the municipality.
21 Sec. 13. NEW SECTION. 670.17 Arrest — exceptions.
221. In a tort claim where an arrest is an element of
23the claim, or in a tort claim for false arrest or false
24imprisonment, the following shall not constitute an arrest:
25a. A seizure or detention of a person by a peace officer for
26the purpose of an investigatory stop.
27b. A seizure of a person by a peace officer, correctional
28officer, bailiff, or a person summoned to aid by a peace
29officer, correctional officer, or bailiff, by use of force for
30the purpose of defending any person from a perceived threat
31of bodily harm or death if the peace officer, correctional
32officer, bailiff, or a person summoned to aid by a peace
33officer, correctional officer, or bailiff, reasonably believes,
34based on the facts and information available, that the use of
35force is reasonable in the circumstances.
-5- 1c. The restraint of a person, including a prisoner, in
2the custody of an officer, employee, or contractor of a law
3enforcement or correctional agency of the federal government,
4the state, or a municipality, including for transportation of
5a person or prisoner pursuant to an arrest warrant or court
6order, or as otherwise permitted by law.
72. In a tort claim or action for arrest without probable
8cause, the court shall determine whether a seizure constitutes
9an arrest as a matter of law.
10 Sec. 14. NEW SECTION. 670.18 Recklessness — burden of
11proof.
121. A person bringing a tort claim against a municipality or
13an officer, employee, or elected official of a municipality for
14which recklessness is an element shall prove recklessness by
15clear and convincing evidence.
162. The district court shall make a preliminary
17determination not less than sixty days before trial whether
18sufficient admissible evidence exists to present the issue of
19recklessness to the finder of fact at trial. If the claimant
20fails to present sufficient admissible evidence on the issue of
21recklessness, the court shall dismiss the claim with prejudice.
22 Sec. 15. NEW SECTION. 670.19 Punitive damages —
23limitations.
241. A municipality or an officer, employee, or elected
25official of a municipality shall have the right to a bifurcated
26trial in any tort action where a claimant seeks punitive
27damages.
282. Punitive damages for any tort claim shall not exceed two
29times the amount of compensatory damages awarded by the trier
30of fact. The court shall reduce any award of punitive damages
31in excess of two times the amount of compensatory damages.
32DIVISION III
33ARRESTS
34 Sec. 16. Section 804.2, Code 2019, is amended to read as
35follows:
-6- 1804.2 Contents of arrest warrant.
21. The warrant must be directed to any peace officer in
3the state; give the name of the defendant, if known to the
4magistrate; if unknown, may designate “name unknown”; and
5must state by name or general description an offense which
6authorizes a warrant to issue, the date of issuing it, the
7county or city where issued, and be signed by the magistrate
8with the magistrate’s name of office.
92. A provision on or attached to a warrant relating to
10the transportation of a person subject to a warrant may be
11modified by the sheriff responsible for the transportation of
12such a person. Such an amendment or modification shall not
13affect the validity of the arrest warrant or form the basis
14for any tort claim against the state or a municipality, or an
15officer, employee, elected official, or agent of the state or a
16municipality.
17 Sec. 17. Section 804.5, Code 2019, is amended to read as
18follows:
19804.5 Arrest defined.
20Arrest is the taking of a person into custody when and in
21the manner authorized by law and the initiating of a criminal
22process against the person, including restraint of the person
23or the person’s submission to custody.
24DIVISION IV
25EFFECTIVE DATE AND APPLICABILITY PROVISIONS
26 Sec. 18. EFFECTIVE DATE. This Act, being deemed of
27immediate importance, takes effect upon enactment.
28 Sec. 19. APPLICABILITY. This Act applies to all claims
29accruing on or after the effective date of this Act.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to state, municipal, and employee
34liability for certain torts.
35DIVISION I — IOWA TORT CLAIMS ACT. The bill provides that a
-7-1person cannot bring a tort arising out of an act or omission of
2an employee of the state in the execution or enforcement of any
3law against an employee of the state in the employee’s unless
4the employee’s act constitutes willful and wanton conduct.
5The bill limits recovery of compensatory damages for claims
6of excessive use of force, arrest without probable cause, or
7false arrest against the state or a peace officer of the state
8to $100,000 per incident or occurrence. This limitation does
9not apply to damages for medical expenses.
10The bill bars a claim for arrest without probable cause
11against a peace officer of the state if probable cause or
12arguable probable cause existed for any charge at the time of
13the claimant’s arrest. The bill requires a district court
14to determine whether the undisputed material facts of a case
15establish that arguable probable cause or probable cause
16existed at the time of the claimant’s arrest. An affirmative
17finding bars the claimant’s claim. The bill grants qualified
18immunity from suit for arrest without probable cause to an
19officer who believed there was arguable probable cause or
20probable cause based on the information available to the
21officer, if the officer acted objectively reasonably, or if the
22arrest was supported by a warrant, unless the officer knew that
23the warrant was invalid. The bill instructs district courts to
24construe the Code section liberally in favor of peace officers.
25The bill enumerates certain actions that do not constitute
26arrest with respect to a tort claim that has arrest as an
27element. These actions are: a seizure or detention for the
28purpose of an investigatory stop; a seizure by use of force by
29certain employees for the purpose of defending a person from a
30perceived threat of bodily harm or death if the person using
31force reasonably believes that the use of force is reasonable
32in the circumstances; and the restraint of a person in custody.
33The bill instructs district courts to determine as a matter
34of law whether a seizure constitutes an arrest when hearing a
35claim for arrest without probable cause.
-8- 1The bill requires a person bringing a tort claim against the
2state or an officer, employee, or elected official of the state
3for which recklessness is an element to prove recklessness
4by clear and convincing evidence. The bill also requires a
5district court hearing such a claim to determine not less than
660 days before trial whether there is sufficient admissible
7evidence to present the issue of recklessness to the finder of
8fact at trial.
9The bill grants to the state or an officer, employee, or
10elected official of the state the right to a bifurcated trial
11on the issue of punitive damages in any tort action where a
12claimant seeks punitive damages. The bill also limits punitive
13damages to two times the amount of compensatory damages.
14DIVISION II — IOWA MUNICIPAL TORT CLAIMS ACT. The bill
15provides that a person cannot bring a tort arising out of
16an act or omission of an employee of a municipality in the
17execution or enforcement of any law against an employee of the
18municipality in the employee’s personal capacity unless the
19employee’s act constitutes willful and wanton conduct.
20The bill extends the immunity from tort liability, absent
21an express statute, granted to municipalities for claims
22based upon or arising out of an act or omission in connection
23with emergency response services to nonprofit corporations
24providing the same services pursuant to a written contract with
25a city, county, township, or benefited fire district. Any such
26contract and any modifications thereto shall be filed with the
27secretary of state within 30 days of their effectiveness.
28The bill requires the governing body of a municipality
29to purchase insurance or risk pool coverage for claims for
30punitive damages in certain cases against its employees and
31volunteers arising out of an act or omission within the scope
32of such a person’s duties. The bill allows the governing body
33of a municipality to purchase such insurance or coverage for
34punitive damages in all other actions. The purchase of such
35insurance or coverage does not waive a defense of governmental
-9-1immunity.
2The bill requires a person bringing a tort claim against
3a county or township, or an officer, employee, or elected
4official of a county or township to submit notice of the claim
5to the county attorney in writing not later than 180 days after
6the claim accrues. The bill also requires a person bringing a
7tort claim against a city or an officer, employee, or elected
8official of a city to submit notice of the claim to the city
9clerk in writing not later than 180 days after the claim
10accrues.
11The bill limits recovery of compensatory damages for claims
12of excessive use of force, arrest without probable cause, or
13false arrest against a municipality or a peace officer of the
14municipality to $100,000 per incident or occurrence. This
15limitation does not apply to damages for medical expenses.
16The bill bars a claim for arrest without probable cause
17against a peace officer of a municipality if probable cause
18or arguable probable cause existed for any charge at the time
19of the claimant’s arrest. The bill requires a district court
20to determine whether the undisputed material facts of a case
21establish that arguable probable cause or probable cause
22existed at the time of the claimant’s arrest. An affirmative
23finding bars the claimant’s claim. The bill grants qualified
24immunity from suit for arrest without probable cause to an
25officer who believed there was arguable probable cause or
26probable cause based on the information available to the
27officer, if the officer acted objectively reasonably, or if the
28arrest was supported by a warrant, unless the officer knew that
29the warrant was invalid. The bill instructs district courts to
30construe the Code section liberally in favor of peace officers.
31The bill enumerates certain actions that do not constitute
32arrest with respect to a tort claim that has arrest as an
33element. These actions are: a seizure or detention for the
34purpose of an investigatory stop; a seizure by use of force by
35certain employees for the purpose of defending a person from a
-10-1perceived threat of bodily harm or death if the person using
2force reasonably believes that the use of force is reasonable
3in the circumstances; and the restraint of a person in custody.
4The bill instructs courts to determine as a matter of law
5whether a seizure constitutes an arrest when hearing a claim
6for arrest without probable cause.
7The bill requires a person bringing a tort claim against
8a municipality or an officer, employee, or elected official
9of the state for which recklessness is an element to prove
10recklessness by clear and convincing evidence. The bill
11also requires a court hearing such a claim to determine not
12less than 60 days before trial whether there is sufficient
13admissible evidence to present the issue of recklessness to the
14finder of fact at trial.
15The bill grants to the state or an officer, employee, or
16elected official of the state the right to a bifurcated trial
17on the issue of punitive damages in any tort action where a
18claimant seeks punitive damages. The bill also limits punitive
19damages to two times the amount of compensatory damages.
20DIVISION III — ARRESTS. The bill allows a sheriff
21responsible for the transport of a person arrested pursuant to
22a warrant to modify any designation relating to the transport
23of that person on or attached to the warrant without affecting
24the validity of the warrant or giving rise to a tort claim.
25The bill changes the definition of “arrest” to require the
26initiating of a criminal process against a person before an
27arrest has occurred.
28DIVISION IV — EFFECTIVE DATE AND APPLICABILITY PROVISIONS.
29The bill is effective upon enactment and applies to all claims
30accruing on or after the effective date of the bill.
-11-ss/jh
2municipalities, and employees thereof for certain torts, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2IOWA TORT CLAIMS ACT
3 Section 1. Section 669.14, Code 2019, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 16. Any claim against an employee of the
6state arising out of an act or omission of the employee in the
7execution of or enforcement of any law unless the employee’s
8act constitutes willful and wanton misconduct.
9 Sec. 2. NEW SECTION. 669.26 Limitation of liability.
10A person bringing a tort claim for excessive use of force,
11arrest without probable cause, or false arrest against the
12state or a peace officer of the state shall not recover
13compensatory damages in excess of one hundred thousand dollars
14for damages arising from a single incident or occurrence. This
15limitation does not apply to damages for medical expenses.
16 Sec. 3. NEW SECTION. 669.27 Arrest without probable cause
17— defense.
181. A peace officer shall not be liable for a tort claim for
19an arrest without probable cause if arguable probable cause
20or probable cause existed for any charge at the time of the
21claimant’s arrest.
222. The court shall determine whether the undisputed
23material facts establish arguable probable cause or probable
24cause for an arrest. A court’s determination that arguable
25probable cause or probable cause existed for a claimant’s
26arrest shall bar the claimant’s claim.
273. A peace officer of the state shall be entitled to
28qualified immunity from suit for arrest without probable cause
29if the arrest was supported by arguable probable cause or
30probable cause based on the facts and information known or
31perceived by the arresting officer at the time of arrest, if
32the officer acted objectively reasonably, or if the arrest
33was supported by a warrant, unless the officer knew that the
34warrant was invalid.
354. The court shall construe this section liberally in favor
-1-1of the peace officer.
2 Sec. 4. NEW SECTION. 669.28 Arrest — exceptions.
31. In a tort claim where an arrest is an element of
4the claim, or in a tort claim for false arrest or false
5imprisonment, the following shall not constitute an arrest:
6a. A seizure or detention of a person by a peace officer for
7the purpose of an investigatory stop.
8b. A seizure of a person by a peace officer, correctional
9officer, bailiff, or a person summoned to aid by a peace
10officer, correctional officer, or bailiff, by use of force for
11the purpose of defending any person from a perceived threat
12of bodily harm or death if the peace officer, correctional
13officer, bailiff, or a person summoned to aid by a peace
14officer, correctional officer, or bailiff reasonably believes,
15based on the facts and information available, that the use of
16force is reasonable in the circumstances.
17c. The restraint of a person, including a prisoner, in
18the custody of an officer, employee, or contractor of a law
19enforcement or correctional agency of the federal government,
20the state, or a municipality, including for transportation of
21a person or prisoner pursuant to an arrest warrant or court
22order, or as otherwise permitted by law.
232. In a tort claim or action for arrest without probable
24cause, the court shall determine whether a seizure constitutes
25an arrest as a matter of law.
26 Sec. 5. NEW SECTION. 669.29 Recklessness — burden of
27proof.
281. A person bringing a tort claim against the state or an
29employee of the state for which recklessness is an element
30shall prove recklessness by clear and convincing evidence.
312. The court shall make a preliminary determination not
32less than sixty days before trial whether sufficient admissible
33evidence exists to present the issue of recklessness to the
34finder of fact at trial. If the claimant fails to present
35sufficient admissible evidence on the issue of recklessness,
-2-1the court shall dismiss the claim with prejudice.
2 Sec. 6. NEW SECTION. 669.30 Punitive damages —
3limitations.
41. The state or employee of the state shall have the right
5to a bifurcated trial on the issue of punitive damages in any
6tort action where a claimant seeks punitive damages.
72. Punitive damages for any tort claim shall not exceed two
8times the amount of compensatory damages awarded by the trier
9of fact. The court shall reduce any award of punitive damages
10in excess of two times the amount of compensatory damages.
11DIVISION II
12IOWA MUNICIPAL TORT CLAIMS ACT
13 Sec. 7. Section 670.2, Code 2019, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 4. An employee is not personally liable
16for a claim arising out of an act of the employee taken in
17execution or enforcement of any law unless the act constitutes
18willful and wanton misconduct.
19 Sec. 8. Section 670.4, subsection 1, paragraph k, Code 2019,
20is amended to read as follows:
21k. A claim based upon or arising out of an act or omission
22of a municipality in connection with an emergency response
23including but not limited to acts or omissions in connection
24with emergency response communications services. For the
25purposes of this paragraph, “municipality” includes a nonprofit
26corporation that delivers such emergency response services on
27behalf of a city, county, township, or benefited fire district
28pursuant to a written contract. The city, county, township,
29or benefited fire district shall file the written contract and
30any amendment, modification, or notice of termination of the
31contract in an electronic format with the secretary of state
32within thirty days of the effective date of the contract,
33amendment, modification, or termination in a manner specified
34by the secretary of state.
35 Sec. 9. Section 670.7, Code 2019, is amended by adding the
-3-1following new subsection:
2 NEW SUBSECTION. 5. The governing body of a municipality
3shall purchase and maintain insurance or risk pool coverage for
4claims for punitive damages in tort actions for wrongful death,
5excessive force, and arrest without probable cause against its
6law enforcement and public safety officers, employees, and
7volunteers, whether elected or appointed, arising out of an
8alleged act or omission occurring within the scope of such a
9person’s employment or duties. The governing body may purchase
10and maintain insurance or risk pool coverage for claims for
11punitive damages against its law enforcement and public safety
12officers, employees, and volunteers for other tort actions.
13The purchase of insurance or risk pool coverage pursuant to
14this subsection does not waive a defense of governmental
15immunity to any claim or action brought against a law
16enforcement or public safety officer, employee, or volunteer.
17 Sec. 10. NEW SECTION. 670.14 Notice of claims.
181. A person bringing a tort claim against a municipality, or
19an officer, employee, or elected official of a municipality,
20shall submit notice of the claim to the county attorney in
21writing not later than one hundred eighty days after the
22accrual of the claim.
232. A person bringing a tort claim against a city or an
24officer, employee, or elected official of a city shall submit
25notice of the claim to the city clerk in writing not later than
26one hundred eighty days after the accrual of the claim.
273. A failure to submit notice consistent with this section
28shall be grounds for dismissal with prejudice.
29 Sec. 11. NEW SECTION. 670.15 Limitation of liability.
30A person bringing a tort claim for excessive use of force,
31arrest without probable cause, or false arrest against a
32municipality or a peace officer of a municipality shall
33not recover compensatory damages in excess of one hundred
34thousand dollars for damages arising from a single incident
35or occurrence. This limitation does not apply to damages for
-4-1medical expenses.
2 Sec. 12. NEW SECTION. 670.16 Arrest without probable cause
3— defense.
41. A peace officer shall not be liable for an arrest without
5probable cause if arguable probable cause or probable cause
6existed for any charge at the time of the claimant’s arrest.
72. The court shall determine whether the undisputed
8material facts establish arguable probable cause or probable
9cause for an arrest. A district court’s determination that
10arguable probable cause or probable cause existed for a
11claimant’s arrest shall bar the claimant’s claim.
123. The municipality and a peace officer of the municipality
13shall be entitled to qualified immunity from suit if the arrest
14was supported by arguable probable cause or probable cause
15based on the facts and information known or perceived by the
16arresting officer at the time of arrest, if the officer acted
17objectively reasonably, or if the arrest was supported by a
18warrant, unless the officer knew that the warrant was invalid.
194. The court shall construe this section liberally in favor
20of the peace officer and the municipality.
21 Sec. 13. NEW SECTION. 670.17 Arrest — exceptions.
221. In a tort claim where an arrest is an element of
23the claim, or in a tort claim for false arrest or false
24imprisonment, the following shall not constitute an arrest:
25a. A seizure or detention of a person by a peace officer for
26the purpose of an investigatory stop.
27b. A seizure of a person by a peace officer, correctional
28officer, bailiff, or a person summoned to aid by a peace
29officer, correctional officer, or bailiff, by use of force for
30the purpose of defending any person from a perceived threat
31of bodily harm or death if the peace officer, correctional
32officer, bailiff, or a person summoned to aid by a peace
33officer, correctional officer, or bailiff, reasonably believes,
34based on the facts and information available, that the use of
35force is reasonable in the circumstances.
-5- 1c. The restraint of a person, including a prisoner, in
2the custody of an officer, employee, or contractor of a law
3enforcement or correctional agency of the federal government,
4the state, or a municipality, including for transportation of
5a person or prisoner pursuant to an arrest warrant or court
6order, or as otherwise permitted by law.
72. In a tort claim or action for arrest without probable
8cause, the court shall determine whether a seizure constitutes
9an arrest as a matter of law.
10 Sec. 14. NEW SECTION. 670.18 Recklessness — burden of
11proof.
121. A person bringing a tort claim against a municipality or
13an officer, employee, or elected official of a municipality for
14which recklessness is an element shall prove recklessness by
15clear and convincing evidence.
162. The district court shall make a preliminary
17determination not less than sixty days before trial whether
18sufficient admissible evidence exists to present the issue of
19recklessness to the finder of fact at trial. If the claimant
20fails to present sufficient admissible evidence on the issue of
21recklessness, the court shall dismiss the claim with prejudice.
22 Sec. 15. NEW SECTION. 670.19 Punitive damages —
23limitations.
241. A municipality or an officer, employee, or elected
25official of a municipality shall have the right to a bifurcated
26trial in any tort action where a claimant seeks punitive
27damages.
282. Punitive damages for any tort claim shall not exceed two
29times the amount of compensatory damages awarded by the trier
30of fact. The court shall reduce any award of punitive damages
31in excess of two times the amount of compensatory damages.
32DIVISION III
33ARRESTS
34 Sec. 16. Section 804.2, Code 2019, is amended to read as
35follows:
-6- 1804.2 Contents of arrest warrant.
21. The warrant must be directed to any peace officer in
3the state; give the name of the defendant, if known to the
4magistrate; if unknown, may designate “name unknown”; and
5must state by name or general description an offense which
6authorizes a warrant to issue, the date of issuing it, the
7county or city where issued, and be signed by the magistrate
8with the magistrate’s name of office.
92. A provision on or attached to a warrant relating to
10the transportation of a person subject to a warrant may be
11modified by the sheriff responsible for the transportation of
12such a person. Such an amendment or modification shall not
13affect the validity of the arrest warrant or form the basis
14for any tort claim against the state or a municipality, or an
15officer, employee, elected official, or agent of the state or a
16municipality.
17 Sec. 17. Section 804.5, Code 2019, is amended to read as
18follows:
19804.5 Arrest defined.
20Arrest is the taking of a person into custody when and in
21the manner authorized by law and the initiating of a criminal
22process against the person, including restraint of the person
23or the person’s submission to custody.
24DIVISION IV
25EFFECTIVE DATE AND APPLICABILITY PROVISIONS
26 Sec. 18. EFFECTIVE DATE. This Act, being deemed of
27immediate importance, takes effect upon enactment.
28 Sec. 19. APPLICABILITY. This Act applies to all claims
29accruing on or after the effective date of this Act.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to state, municipal, and employee
34liability for certain torts.
35DIVISION I — IOWA TORT CLAIMS ACT. The bill provides that a
-7-1person cannot bring a tort arising out of an act or omission of
2an employee of the state in the execution or enforcement of any
3law against an employee of the state in the employee’s unless
4the employee’s act constitutes willful and wanton conduct.
5The bill limits recovery of compensatory damages for claims
6of excessive use of force, arrest without probable cause, or
7false arrest against the state or a peace officer of the state
8to $100,000 per incident or occurrence. This limitation does
9not apply to damages for medical expenses.
10The bill bars a claim for arrest without probable cause
11against a peace officer of the state if probable cause or
12arguable probable cause existed for any charge at the time of
13the claimant’s arrest. The bill requires a district court
14to determine whether the undisputed material facts of a case
15establish that arguable probable cause or probable cause
16existed at the time of the claimant’s arrest. An affirmative
17finding bars the claimant’s claim. The bill grants qualified
18immunity from suit for arrest without probable cause to an
19officer who believed there was arguable probable cause or
20probable cause based on the information available to the
21officer, if the officer acted objectively reasonably, or if the
22arrest was supported by a warrant, unless the officer knew that
23the warrant was invalid. The bill instructs district courts to
24construe the Code section liberally in favor of peace officers.
25The bill enumerates certain actions that do not constitute
26arrest with respect to a tort claim that has arrest as an
27element. These actions are: a seizure or detention for the
28purpose of an investigatory stop; a seizure by use of force by
29certain employees for the purpose of defending a person from a
30perceived threat of bodily harm or death if the person using
31force reasonably believes that the use of force is reasonable
32in the circumstances; and the restraint of a person in custody.
33The bill instructs district courts to determine as a matter
34of law whether a seizure constitutes an arrest when hearing a
35claim for arrest without probable cause.
-8- 1The bill requires a person bringing a tort claim against the
2state or an officer, employee, or elected official of the state
3for which recklessness is an element to prove recklessness
4by clear and convincing evidence. The bill also requires a
5district court hearing such a claim to determine not less than
660 days before trial whether there is sufficient admissible
7evidence to present the issue of recklessness to the finder of
8fact at trial.
9The bill grants to the state or an officer, employee, or
10elected official of the state the right to a bifurcated trial
11on the issue of punitive damages in any tort action where a
12claimant seeks punitive damages. The bill also limits punitive
13damages to two times the amount of compensatory damages.
14DIVISION II — IOWA MUNICIPAL TORT CLAIMS ACT. The bill
15provides that a person cannot bring a tort arising out of
16an act or omission of an employee of a municipality in the
17execution or enforcement of any law against an employee of the
18municipality in the employee’s personal capacity unless the
19employee’s act constitutes willful and wanton conduct.
20The bill extends the immunity from tort liability, absent
21an express statute, granted to municipalities for claims
22based upon or arising out of an act or omission in connection
23with emergency response services to nonprofit corporations
24providing the same services pursuant to a written contract with
25a city, county, township, or benefited fire district. Any such
26contract and any modifications thereto shall be filed with the
27secretary of state within 30 days of their effectiveness.
28The bill requires the governing body of a municipality
29to purchase insurance or risk pool coverage for claims for
30punitive damages in certain cases against its employees and
31volunteers arising out of an act or omission within the scope
32of such a person’s duties. The bill allows the governing body
33of a municipality to purchase such insurance or coverage for
34punitive damages in all other actions. The purchase of such
35insurance or coverage does not waive a defense of governmental
-9-1immunity.
2The bill requires a person bringing a tort claim against
3a county or township, or an officer, employee, or elected
4official of a county or township to submit notice of the claim
5to the county attorney in writing not later than 180 days after
6the claim accrues. The bill also requires a person bringing a
7tort claim against a city or an officer, employee, or elected
8official of a city to submit notice of the claim to the city
9clerk in writing not later than 180 days after the claim
10accrues.
11The bill limits recovery of compensatory damages for claims
12of excessive use of force, arrest without probable cause, or
13false arrest against a municipality or a peace officer of the
14municipality to $100,000 per incident or occurrence. This
15limitation does not apply to damages for medical expenses.
16The bill bars a claim for arrest without probable cause
17against a peace officer of a municipality if probable cause
18or arguable probable cause existed for any charge at the time
19of the claimant’s arrest. The bill requires a district court
20to determine whether the undisputed material facts of a case
21establish that arguable probable cause or probable cause
22existed at the time of the claimant’s arrest. An affirmative
23finding bars the claimant’s claim. The bill grants qualified
24immunity from suit for arrest without probable cause to an
25officer who believed there was arguable probable cause or
26probable cause based on the information available to the
27officer, if the officer acted objectively reasonably, or if the
28arrest was supported by a warrant, unless the officer knew that
29the warrant was invalid. The bill instructs district courts to
30construe the Code section liberally in favor of peace officers.
31The bill enumerates certain actions that do not constitute
32arrest with respect to a tort claim that has arrest as an
33element. These actions are: a seizure or detention for the
34purpose of an investigatory stop; a seizure by use of force by
35certain employees for the purpose of defending a person from a
-10-1perceived threat of bodily harm or death if the person using
2force reasonably believes that the use of force is reasonable
3in the circumstances; and the restraint of a person in custody.
4The bill instructs courts to determine as a matter of law
5whether a seizure constitutes an arrest when hearing a claim
6for arrest without probable cause.
7The bill requires a person bringing a tort claim against
8a municipality or an officer, employee, or elected official
9of the state for which recklessness is an element to prove
10recklessness by clear and convincing evidence. The bill
11also requires a court hearing such a claim to determine not
12less than 60 days before trial whether there is sufficient
13admissible evidence to present the issue of recklessness to the
14finder of fact at trial.
15The bill grants to the state or an officer, employee, or
16elected official of the state the right to a bifurcated trial
17on the issue of punitive damages in any tort action where a
18claimant seeks punitive damages. The bill also limits punitive
19damages to two times the amount of compensatory damages.
20DIVISION III — ARRESTS. The bill allows a sheriff
21responsible for the transport of a person arrested pursuant to
22a warrant to modify any designation relating to the transport
23of that person on or attached to the warrant without affecting
24the validity of the warrant or giving rise to a tort claim.
25The bill changes the definition of “arrest” to require the
26initiating of a criminal process against a person before an
27arrest has occurred.
28DIVISION IV — EFFECTIVE DATE AND APPLICABILITY PROVISIONS.
29The bill is effective upon enactment and applies to all claims
30accruing on or after the effective date of the bill.
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