Bill Text: IA SF251 | 2011-2012 | 84th General Assembly | Introduced

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Bill Title: A bill for an act relating to the duty of care owed to certain persons operating a snowmobile, establishing the criminal offense of dangerous condition manslaughter, and providing criminal penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF251 Detail]

Download: Iowa-2011-SF251-Introduced.html

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Senate File 251 - Introduced
SENATE FILE 251
BY KIBBIE
A BILL FOR
An Act relating to the duty of care owed to certain persons
operating a snowmobile, establishing the criminal offense
of dangerous condition manslaughter, and providing criminal
penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 321G.22, Code 2011, is amended to read
as follows:
321G.22 Limitation of liability by public bodies and
adjoining owners.
1. The state, its political subdivisions, and the owners or
tenants of property adjoining public lands or the right-of-way
of a public highway and their agents and employees owe no
duty of care to keep the public lands, ditches, or land
contiguous to a highway or roadway under the control of the
state or a political subdivision safe for entry or use by
persons operating a snowmobile, or to give any warning of
a dangerous condition, use, structure, or activity on the
premises to persons entering for such purposes, except in the
case of willful or malicious failure to guard or warn against a
dangerous condition, use, structure, or activity of which the
owner of the property or the person responsible for care or
operation of the property, upon which the dangerous condition,
use, structure, or activity is located, had actual knowledge
or actual notice . The state, its political subdivisions, and
the owners or tenants of property adjoining public lands or the
right-of-way of a public highway and their agents and employees
are not liable for actions taken to allow or facilitate the use
of public lands, ditches, or land contiguous to a highway or
roadway except in the case of a willful or malicious failure to
guard or warn against a dangerous condition, use, structure,
or activity of which the owner of the property or the person
responsible for care or operation of the property, upon
which the dangerous condition, use, structure, or activity is
located, had actual knowledge or actual notice .
2. This section Except as otherwise provided in subsection
1, this section does not create a duty of care or ground of
liability on behalf of the state, its political subdivisions,
or the owners or tenants of property adjoining public lands
or the right-of-way of a public highway and their agents and
employees for injury to persons or property in the operation
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S.F. 251
of snowmobiles in a ditch or on land contiguous to a highway
or roadway under the control of the state or a political
subdivision. The state, its political subdivisions, and the
owners or tenants of property adjoining public lands or the
right-of-way of a public highway and their agents and employees
are not liable for the operation of a snowmobile in violation
of this chapter .
Sec. 2. Section 331.802, subsection 2, paragraph b, Code
2011, is amended to read as follows:
b. Except as provided in section 218.64 or as otherwise
provided by law, for each preliminary investigation and
the preparation and submission of the required reports, the
county medical examiner shall receive from the county of
appointment a fee determined by the board plus the examiner’s
actual expenses. The fee and expenses paid by the county of
appointment shall be reimbursed to the county of appointment
by the county of the person’s residence. However, if the
person’s death is caused by a defendant for whom a judgment of
conviction and sentence is rendered under section 707.2 , 707.3 ,
707.4 , 707.5 , or 707.6A , or 707.6B, the county of the person’s
residence may recover from the defendant the fee and expenses.
Sec. 3. NEW SECTION . 707.6B Dangerous condition
manslaughter.
1. A person commits dangerous condition manslaughter when
all of the following conditions are met:
a. The death of another person operating a snowmobile is
caused by a dangerous condition, use, structure, or activity.
b. The dangerous condition, use, structure, or activity is
located on property adjoining public lands or the right-of-way
of a public highway or roadway.
c. The property upon which the dangerous condition, use,
structure, or activity is located is owned by the person or is
located on the property for which the person is responsible for
care or operation.
d. The person had actual knowledge or actual notice of the
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S.F. 251
regular use of the property upon which the dangerous condition,
use, structure, or activity is located as an area for the
operation of snowmobiles.
e. The person had actual knowledge or actual notice of the
dangerous condition, use, structure, or activity.
f. The person failed to guard or warn against the dangerous
condition, use, structure, or activity.
2. Dangerous condition manslaughter is a class “C” felony.
Sec. 4. Section 910.3A, Code 2011, is amended to read as
follows:
910.3A Notification of a homicide victim’s county of
residence.
The county attorney of a county in which a judgment of
conviction and sentence under section 707.2 , 707.3 , 707.4 ,
707.5 , or 707.6A , or 707.6B is rendered against a defendant
relating to a person’s death shall notify in writing the clerk
of the district court of the county of the person’s residence.
Such notification shall be for the purpose of the county of the
person’s residence recovering from the defendant the fee and
expenses incurred investigating the person’s death pursuant to
section 331.802, subsection 2 .
EXPLANATION
This bill amends Code section 321G.22 relating to liability
and the duty of care owed by certain governmental bodies,
property owners, and tenants to certain snowmobile operators.
The bill amends the general exception from liability and duty
of care by providing that an owner may have a duty of care
and may be subject to certain liability if the owner of the
property or the person responsible for care or operation of the
property, upon which a dangerous condition, use, structure, or
activity is located, had actual knowledge or actual notice and
failed to guard or warn against the dangerous condition, use,
structure, or activity.
The bill establishes the offense of dangerous condition
manslaughter. Under the bill, a person commits the offense
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S.F. 251
of dangerous condition manslaughter when the death of another
person operating a snowmobile is caused by a dangerous
condition, use, structure, or activity located on property
owned or under the care or operation of the person, the
property adjoins public lands or the right-of-way of a public
highway or roadway, the person had actual knowledge or actual
notice of the regular use of the property as an area for the
operation of snowmobiles, the person had actual knowledge or
actual notice of the dangerous condition, use, structure, or
activity, and the person failed to guard or warn against the
dangerous condition, use, structure, or activity.
The bill provides that dangerous condition manslaughter
is a class “C” felony. A class “C” felony is punishable by
confinement for no more than 10 years and a fine of at least
$1,000 but not more than $10,000.
The bill makes corresponding changes to provisions of the
Code relating to the recovery of certain fees and expenses
relating to the investigation of a death.
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