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House File 650 - ReprintedA Bill ForAn Act 1relating to the liability of private employers, general
2contractors, and premises owners for negligently hiring
3employees, agents, or independent contractors convicted of
4a public offense.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 671A.1 Limitation on liability for
2negligently hiring an employee, agent, or independent contractor
3convicted of a public offense.
41. A cause of action shall not be brought against a private
5employer, general contractor, or premises owner for negligently
6hiring an employee, agent, or independent contractor, based
7solely on evidence that the employee, agent, or independent
8contractor has been convicted of a public offense as defined
9in section 701.2.
102. This chapter does not create a cause of action or expand
11an existing cause of action.
123. This chapter does not apply to employment of prisoners
13at prisons.
14 Sec. 2. NEW SECTION. 671A.2 Liability protection not
15applicable.
161. This chapter does not preclude a cause of action for
17negligent hiring based on evidence that the employee, agent, or
18independent contractor has been convicted of a public offense
19as defined in section 701.2, if all of the following criteria
20are met:
21a. The private employer, general contractor, or premises
22owner knew or should have known of the conviction.
23b. The employee, agent, or independent contractor was
24convicted of any of the following:
25(1) A public offense that was committed while performing
26duties substantially similar to those reasonably expected to
27be performed in the employment or under the relationship or
28contract, or under conditions substantially similar to those
29reasonably expected to be encountered in the employment or
30under the relationship or contract, taking into consideration
31all of the following factors:
32(a) The nature and seriousness of the public offense.
33(b) The extent and nature of the employee, agent, or
34independent contractor’s past criminal activity.
35(c) The age of the employee, agent, or independent
-1-1contractor when the public offense was committed.
2(d) The amount of time that has elapsed since the employee,
3agent, or independent contractor’s last criminal activity.
4(2) A sexually violent offense as defined in section 229A.2.
5(3) The offense of dependent adult abuse as provided for
6under section 235B.20.
7(4) The offense of murder in the first degree under section
8707.2.
9(5) The offense of murder in the second degree under section
10707.3.
11(6) The offense of assault as defined in section 708.1 that
12is a felony under section 708.2.
13(7) The offense of domestic abuse assault as defined in
14section 708.2A.
15(8) The offense of kidnapping in the first degree under
16section 710.2.
17(9) The offense of robbery in the first degree under section
18711.2.
19(10) An offense committed on certain real property for
20which an enhanced penalty was received under section 124.401A
21or 124.401B.
22(11) A felony offense where the employee, agent, or
23independent contractor used or exhibited a dangerous weapon as
24defined in section 702.7 during the commission of or during
25immediate flight from the scene of the felony offense, or
26where the employee, agent, or independent contractor used or
27exhibited the dangerous weapon or was a party to the felony
28offense and knew that a dangerous weapon would be used or
29exhibited.
302. The protections provided to a private employer, general
31contractor, or premises owner under this chapter do not apply
32in a suit concerning the misuse of funds or property of a
33person other than the employer, general contractor, or premises
34owner, by an employee, agent, or independent contractor if, on
35the date the employee, agent, or independent contractor was
-2-1hired, the employee, agent, or independent contractor had been
2convicted of a public offense that included fraud or the misuse
3of funds or property as an element of the public offense, and
4it was foreseeable that the position for which the employee,
5agent, or independent contractor was hired would involve
6discharging a fiduciary responsibility in the management of
7funds or property.
asf/jh/md
2contractors, and premises owners for negligently hiring
3employees, agents, or independent contractors convicted of
4a public offense.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 671A.1 Limitation on liability for
2negligently hiring an employee, agent, or independent contractor
3convicted of a public offense.
41. A cause of action shall not be brought against a private
5employer, general contractor, or premises owner for negligently
6hiring an employee, agent, or independent contractor, based
7solely on evidence that the employee, agent, or independent
8contractor has been convicted of a public offense as defined
9in section 701.2.
102. This chapter does not create a cause of action or expand
11an existing cause of action.
123. This chapter does not apply to employment of prisoners
13at prisons.
14 Sec. 2. NEW SECTION. 671A.2 Liability protection not
15applicable.
161. This chapter does not preclude a cause of action for
17negligent hiring based on evidence that the employee, agent, or
18independent contractor has been convicted of a public offense
19as defined in section 701.2, if all of the following criteria
20are met:
21a. The private employer, general contractor, or premises
22owner knew or should have known of the conviction.
23b. The employee, agent, or independent contractor was
24convicted of any of the following:
25(1) A public offense that was committed while performing
26duties substantially similar to those reasonably expected to
27be performed in the employment or under the relationship or
28contract, or under conditions substantially similar to those
29reasonably expected to be encountered in the employment or
30under the relationship or contract, taking into consideration
31all of the following factors:
32(a) The nature and seriousness of the public offense.
33(b) The extent and nature of the employee, agent, or
34independent contractor’s past criminal activity.
35(c) The age of the employee, agent, or independent
-1-1contractor when the public offense was committed.
2(d) The amount of time that has elapsed since the employee,
3agent, or independent contractor’s last criminal activity.
4(2) A sexually violent offense as defined in section 229A.2.
5(3) The offense of dependent adult abuse as provided for
6under section 235B.20.
7(4) The offense of murder in the first degree under section
8707.2.
9(5) The offense of murder in the second degree under section
10707.3.
11(6) The offense of assault as defined in section 708.1 that
12is a felony under section 708.2.
13(7) The offense of domestic abuse assault as defined in
14section 708.2A.
15(8) The offense of kidnapping in the first degree under
16section 710.2.
17(9) The offense of robbery in the first degree under section
18711.2.
19(10) An offense committed on certain real property for
20which an enhanced penalty was received under section 124.401A
21or 124.401B.
22(11) A felony offense where the employee, agent, or
23independent contractor used or exhibited a dangerous weapon as
24defined in section 702.7 during the commission of or during
25immediate flight from the scene of the felony offense, or
26where the employee, agent, or independent contractor used or
27exhibited the dangerous weapon or was a party to the felony
28offense and knew that a dangerous weapon would be used or
29exhibited.
302. The protections provided to a private employer, general
31contractor, or premises owner under this chapter do not apply
32in a suit concerning the misuse of funds or property of a
33person other than the employer, general contractor, or premises
34owner, by an employee, agent, or independent contractor if, on
35the date the employee, agent, or independent contractor was
-2-1hired, the employee, agent, or independent contractor had been
2convicted of a public offense that included fraud or the misuse
3of funds or property as an element of the public offense, and
4it was foreseeable that the position for which the employee,
5agent, or independent contractor was hired would involve
6discharging a fiduciary responsibility in the management of
7funds or property.
asf/jh/md