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House File 650 - EnrolledAn Actrelating to the liability of private employers, general
contractors, and premises owners for negligently hiring
employees, agents, or independent contractors convicted of
a public offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 671A.1 Limitation on liability for
negligently hiring an employee, agent, or independent contractor
convicted of a public offense.
1. A cause of action shall not be brought against a private
employer, general contractor, or premises owner for negligently
hiring an employee, agent, or independent contractor, based
solely on evidence that the employee, agent, or independent
contractor has been convicted of a public offense as defined
in section 701.2.
2. This chapter does not create a cause of action or expand
an existing cause of action.
3. This chapter does not apply to employment of prisoners
at prisons.
Sec. 2. NEW SECTION. 671A.2 Liability protection not
applicable.
1. This chapter does not preclude a cause of action for
negligent hiring based on evidence that the employee, agent, or
independent contractor has been convicted of a public offense
as defined in section 701.2, if all of the following criteria
are met:
a. The private employer, general contractor, or premises
owner knew or should have known of the conviction.
b. The employee, agent, or independent contractor was
convicted of any of the following:
(1) A public offense that was committed while performing
duties substantially similar to those reasonably expected to
be performed in the employment or under the relationship or
contract, or under conditions substantially similar to those
reasonably expected to be encountered in the employment or
under the relationship or contract, taking into consideration
all of the following factors:
(a) The nature and seriousness of the public offense.
(b) The extent and nature of the employee, agent, or
independent contractor’s past criminal activity.
(c) The age of the employee, agent, or independent
-1-contractor when the public offense was committed.
(d) The amount of time that has elapsed since the employee,
agent, or independent contractor’s last criminal activity.
(2) A sexually violent offense as defined in section 229A.2.
(3) The offense of dependent adult abuse as provided for
under section 235B.20.
(4) The offense of murder in the first degree under section
707.2.
(5) The offense of murder in the second degree under section
707.3.
(6) The offense of assault as defined in section 708.1 that
is a felony under section 708.2.
(7) The offense of domestic abuse assault as defined in
section 708.2A.
(8) The offense of kidnapping in the first degree under
section 710.2.
(9) The offense of robbery in the first degree under section
711.2.
(10) An offense committed on certain real property for
which an enhanced penalty was received under section 124.401A
or 124.401B.
(11) A felony offense where the employee, agent, or
independent contractor used or exhibited a dangerous weapon as
defined in section 702.7 during the commission of or during
immediate flight from the scene of the felony offense, or
where the employee, agent, or independent contractor used or
exhibited the dangerous weapon or was a party to the felony
offense and knew that a dangerous weapon would be used or
exhibited.
2. The protections provided to a private employer, general
contractor, or premises owner under this chapter do not apply
in a suit concerning the misuse of funds or property of a
person other than the employer, general contractor, or premises
owner, by an employee, agent, or independent contractor if, on
the date the employee, agent, or independent contractor was
-2-hired, the employee, agent, or independent contractor had been
convicted of a public offense that included fraud or the misuse
of funds or property as an element of the public offense, and
it was foreseeable that the position for which the employee,
agent, or independent contractor was hired would involve
discharging a fiduciary responsibility in the management of
funds or property.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 650, Eighty-eighth General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2019______________________________
KIM REYNOLDSGovernorasf/jh/md
contractors, and premises owners for negligently hiring
employees, agents, or independent contractors convicted of
a public offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 671A.1 Limitation on liability for
negligently hiring an employee, agent, or independent contractor
convicted of a public offense.
1. A cause of action shall not be brought against a private
employer, general contractor, or premises owner for negligently
hiring an employee, agent, or independent contractor, based
solely on evidence that the employee, agent, or independent
contractor has been convicted of a public offense as defined
in section 701.2.
2. This chapter does not create a cause of action or expand
an existing cause of action.
3. This chapter does not apply to employment of prisoners
at prisons.
Sec. 2. NEW SECTION. 671A.2 Liability protection not
applicable.
1. This chapter does not preclude a cause of action for
negligent hiring based on evidence that the employee, agent, or
independent contractor has been convicted of a public offense
as defined in section 701.2, if all of the following criteria
are met:
a. The private employer, general contractor, or premises
owner knew or should have known of the conviction.
b. The employee, agent, or independent contractor was
convicted of any of the following:
(1) A public offense that was committed while performing
duties substantially similar to those reasonably expected to
be performed in the employment or under the relationship or
contract, or under conditions substantially similar to those
reasonably expected to be encountered in the employment or
under the relationship or contract, taking into consideration
all of the following factors:
(a) The nature and seriousness of the public offense.
(b) The extent and nature of the employee, agent, or
independent contractor’s past criminal activity.
(c) The age of the employee, agent, or independent
-1-contractor when the public offense was committed.
(d) The amount of time that has elapsed since the employee,
agent, or independent contractor’s last criminal activity.
(2) A sexually violent offense as defined in section 229A.2.
(3) The offense of dependent adult abuse as provided for
under section 235B.20.
(4) The offense of murder in the first degree under section
707.2.
(5) The offense of murder in the second degree under section
707.3.
(6) The offense of assault as defined in section 708.1 that
is a felony under section 708.2.
(7) The offense of domestic abuse assault as defined in
section 708.2A.
(8) The offense of kidnapping in the first degree under
section 710.2.
(9) The offense of robbery in the first degree under section
711.2.
(10) An offense committed on certain real property for
which an enhanced penalty was received under section 124.401A
or 124.401B.
(11) A felony offense where the employee, agent, or
independent contractor used or exhibited a dangerous weapon as
defined in section 702.7 during the commission of or during
immediate flight from the scene of the felony offense, or
where the employee, agent, or independent contractor used or
exhibited the dangerous weapon or was a party to the felony
offense and knew that a dangerous weapon would be used or
exhibited.
2. The protections provided to a private employer, general
contractor, or premises owner under this chapter do not apply
in a suit concerning the misuse of funds or property of a
person other than the employer, general contractor, or premises
owner, by an employee, agent, or independent contractor if, on
the date the employee, agent, or independent contractor was
-2-hired, the employee, agent, or independent contractor had been
convicted of a public offense that included fraud or the misuse
of funds or property as an element of the public offense, and
it was foreseeable that the position for which the employee,
agent, or independent contractor was hired would involve
discharging a fiduciary responsibility in the management of
funds or property.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 650, Eighty-eighth General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2019______________________________
KIM REYNOLDSGovernorasf/jh/md