Iowa-2019-HF2043-Introduced

H.F. 2043 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 2020, 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 human services, 23 employee of the department of revenue, or fire fighter, whether 24 paid or volunteer, or sports official, with the knowledge that 25 the person against whom the assault is committed is a peace 26 officer, jailer, correctional staff, member or employee of 27 the board of parole, health care provider, employee of the 28 department of human services, employee of the department of 29 revenue, or fire fighter , or sports official and with the 30 intent to inflict a serious injury upon the peace officer, 31 jailer, correctional staff, member or employee of the board of 32 parole, health care provider, employee of the department of 33 human services, employee of the department of revenue, or fire 34 fighter, or sports official, is guilty of a class “D” felony. 35 -1- LSB 5747YH (3) 88 je/jh 1/ 5

H.F. 2043 2. A person who commits an assault, as defined in section 1 708.1 , against a peace officer, jailer, correctional staff, 2 member or employee of the board of parole, health care 3 provider, employee of the department of human services, 4 employee of the department of revenue, or fire fighter, 5 whether paid or volunteer, or sports official, who knows that 6 the person against whom the assault is committed is a peace 7 officer, jailer, correctional staff, member or employee of 8 the board of parole, health care provider, employee of the 9 department of human services, employee of the department of 10 revenue, or fire fighter or sports official, and who uses or 11 displays a dangerous weapon in connection with the assault, is 12 guilty of a class “D” felony. 13 3. A person who commits an assault, as defined in section 14 708.1 , against a peace officer, jailer, correctional staff, 15 member or employee of the board of parole, health care 16 provider, employee of the department of human services, 17 employee of the department of revenue, or fire fighter, whether 18 paid or volunteer, or sports official who knows that the person 19 against whom the assault is committed is a peace officer, 20 jailer, correctional staff, member or employee of the board of 21 parole, health care provider, employee of the department of 22 human services, employee of the department of revenue, or fire 23 fighter, or sports official, and who causes bodily injury or 24 mental illness, is guilty of an aggravated misdemeanor. 25 4. Any other assault, as defined in section 708.1 , committed 26 against a peace officer, jailer, correctional staff, member or 27 employee of the board of parole, health care provider, employee 28 of the department of human services, employee of the department 29 of revenue, or fire fighter, whether paid or volunteer, or 30 sports official, by a person who knows that the person against 31 whom the assault is committed is a peace officer, jailer, 32 correctional staff, member or employee of the board of parole, 33 health care provider, employee of the department of human 34 services, employee of the department of revenue, or fire 35 -2- LSB 5747YH (3) 88 je/jh 2/ 5

H.F. 2043 fighter, or sports official, is a serious misdemeanor. 1 Sec. 5. Section 708.3A, subsection 5, Code 2020, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . f. “Sports official” means an individual 4 who serves as a referee, umpire, or linesman, or in a similar 5 capacity, at any athletic contest, including a charity event, 6 and who is a member of or registered with a local, state, 7 regional, or national organization that is engaged, in part, 8 in providing education and training to referees, umpires, 9 linesman, or persons in similar capacities. “Sports official” 10 also includes an individual who volunteers as a referee, 11 umpire, or linesman, or in a similar capacity, at any athletic 12 contest, including a charity event. 13 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 14 importance, takes effect upon enactment. 15 Sec. 7. APPLICABILITY. The following apply to legal actions 16 commenced after the effective date of this Act, including legal 17 actions that allege actions or inactions of a sports official 18 that occurred prior to the effective date of this Act: 19 1. The section of this Act enacting section 671B.1. 20 2. The section of this Act enacting section 671B.2. 21 3. The section of this Act enacting section 671B.3. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill provides that a sports official who officiates 26 an athletic contest at any level of competition in Iowa shall 27 not be liable to any person in any civil action for injuries 28 or damages claimed to have arisen due to actions or inactions 29 within the confines of the athletic facility at which the 30 athletic contest is played related in any manner to the sports 31 official’s officiating duties. This provision does not apply 32 to a sports official who causes injury or damage to a person 33 by actions or inactions that are intentional, malicious, or 34 grossly negligent. The bill applies to legal actions commenced 35 -3- LSB 5747YH (3) 88 je/jh 3/ 5

H.F. 2043 after the effective date of the bill, including legal actions 1 that allege actions or inactions of a sports official that 2 occurred prior to the effective date of the bill. 3 The bill provides that a person who commits an assault 4 against a sports official, with the knowledge that the person 5 against whom the assault is committed is a sports official, 6 and with the intent to commit a serious injury, is guilty of a 7 class “D” felony. The bill provides that a person who commits 8 an assault against a sports official, who knows that the person 9 against whom the assault is committed is a sports official, and 10 who uses or displays a dangerous weapon in connection with the 11 assault, is guilty of a class “D” felony. The bill provides 12 that a person who commits an assault against a sports official, 13 who knows that the person against whom the assault is committed 14 is a sports official, and who causes bodily injury or mental 15 illness, is guilty of an aggravated misdemeanor. The bill 16 provides that any other assault committed against a sports 17 official by a person who knows that the person against whom 18 the assault is committed is a sports official is a serious 19 misdemeanor. A class “D” felony is punishable by confinement 20 for no more than five years and a fine of at least $750 but 21 not more than $7,500. An aggravated misdemeanor is punishable 22 by confinement for no more than two years and a fine of at 23 least $625 but not more than $6,250. A serious misdemeanor is 24 punishable by confinement for no more than one year and a fine 25 of at least $315 but not more than $1,875. 26 The bill defines “sports official” as an individual who 27 serves as a referee, umpire, or linesman, or in a similar 28 capacity, at any athletic contest, including a charity event, 29 and who is a member of or registered with a local, state, 30 regional, or national organization that is engaged, in part, in 31 providing education and training to sports officials. “Sports 32 official” also includes an individual who volunteers as a 33 referee, umpire, or linesman, or in a similar capacity, at any 34 athletic contest, including a charity event. 35 -4- LSB 5747YH (3) 88 je/jh 4/ 5