Bill Text: IA SSB1106 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the liability of the state, counties, municipalities, and employees thereof for certain torts, and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-25 - Subcommittee recommends amendment and passage. [SSB1106 Detail]
Download: Iowa-2019-SSB1106-Introduced.html
Senate
Study
Bill
1106
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
liability
of
the
state,
counties,
1
municipalities,
and
employees
thereof
for
certain
torts,
and
2
including
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
IOWA
TORT
CLAIMS
ACT
2
Section
1.
Section
669.14,
Code
2019,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
16.
Any
claim
against
an
employee
of
the
5
state
arising
out
of
an
act
or
omission
of
the
employee
in
the
6
execution
of
or
enforcement
of
any
law
unless
the
employee’s
7
act
constitutes
willful
and
wanton
misconduct.
8
Sec.
2.
NEW
SECTION
.
669.26
Limitation
of
liability.
9
A
person
bringing
a
tort
claim
for
excessive
use
of
force,
10
arrest
without
probable
cause,
or
false
arrest
against
the
11
state
or
a
peace
officer
of
the
state
shall
not
recover
12
compensatory
damages
in
excess
of
one
hundred
thousand
dollars
13
for
damages
arising
from
a
single
incident
or
occurrence.
This
14
limitation
does
not
apply
to
damages
for
medical
expenses.
15
Sec.
3.
NEW
SECTION
.
669.27
Arrest
without
probable
cause
16
——
defense.
17
1.
A
peace
officer
shall
not
be
liable
for
a
tort
claim
for
18
an
arrest
without
probable
cause
if
arguable
probable
cause
19
or
probable
cause
existed
for
any
charge
at
the
time
of
the
20
claimant’s
arrest.
21
2.
The
court
shall
determine
whether
the
undisputed
22
material
facts
establish
arguable
probable
cause
or
probable
23
cause
for
an
arrest.
A
court’s
determination
that
arguable
24
probable
cause
or
probable
cause
existed
for
a
claimant’s
25
arrest
shall
bar
the
claimant’s
claim.
26
3.
A
peace
officer
of
the
state
shall
be
entitled
to
27
qualified
immunity
from
suit
for
arrest
without
probable
cause
28
if
the
arrest
was
supported
by
arguable
probable
cause
or
29
probable
cause
based
on
the
facts
and
information
known
or
30
perceived
by
the
arresting
officer
at
the
time
of
arrest,
if
31
the
officer
acted
objectively
reasonably,
or
if
the
arrest
32
was
supported
by
a
warrant,
unless
the
officer
knew
that
the
33
warrant
was
invalid.
34
4.
The
court
shall
construe
this
section
liberally
in
favor
35
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of
the
peace
officer.
1
Sec.
4.
NEW
SECTION
.
669.28
Arrest
——
exceptions.
2
1.
In
a
tort
claim
where
an
arrest
is
an
element
of
3
the
claim,
or
in
a
tort
claim
for
false
arrest
or
false
4
imprisonment,
the
following
shall
not
constitute
an
arrest:
5
a.
A
seizure
or
detention
of
a
person
by
a
peace
officer
for
6
the
purpose
of
an
investigatory
stop.
7
b.
A
seizure
of
a
person
by
a
peace
officer,
correctional
8
officer,
bailiff,
or
a
person
summoned
to
aid
by
a
peace
9
officer,
correctional
officer,
or
bailiff,
by
use
of
force
for
10
the
purpose
of
defending
any
person
from
a
perceived
threat
11
of
bodily
harm
or
death
if
the
peace
officer,
correctional
12
officer,
bailiff,
or
a
person
summoned
to
aid
by
a
peace
13
officer,
correctional
officer,
or
bailiff
reasonably
believes,
14
based
on
the
facts
and
information
available,
that
the
use
of
15
force
is
reasonable
in
the
circumstances.
16
c.
The
restraint
of
a
person,
including
a
prisoner,
in
17
the
custody
of
an
officer,
employee,
or
contractor
of
a
law
18
enforcement
or
correctional
agency
of
the
federal
government,
19
the
state,
or
a
municipality,
including
for
transportation
of
20
a
person
or
prisoner
pursuant
to
an
arrest
warrant
or
court
21
order,
or
as
otherwise
permitted
by
law.
22
2.
In
a
tort
claim
or
action
for
arrest
without
probable
23
cause,
the
court
shall
determine
whether
a
seizure
constitutes
24
an
arrest
as
a
matter
of
law.
25
Sec.
5.
NEW
SECTION
.
669.29
Recklessness
——
burden
of
26
proof.
27
1.
A
person
bringing
a
tort
claim
against
the
state
or
an
28
employee
of
the
state
for
which
recklessness
is
an
element
29
shall
prove
recklessness
by
clear
and
convincing
evidence.
30
2.
The
court
shall
make
a
preliminary
determination
not
31
less
than
sixty
days
before
trial
whether
sufficient
admissible
32
evidence
exists
to
present
the
issue
of
recklessness
to
the
33
finder
of
fact
at
trial.
If
the
claimant
fails
to
present
34
sufficient
admissible
evidence
on
the
issue
of
recklessness,
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the
court
shall
dismiss
the
claim
with
prejudice.
1
Sec.
6.
NEW
SECTION
.
669.30
Punitive
damages
——
2
limitations.
3
1.
The
state
or
employee
of
the
state
shall
have
the
right
4
to
a
bifurcated
trial
on
the
issue
of
punitive
damages
in
any
5
tort
action
where
a
claimant
seeks
punitive
damages.
6
2.
Punitive
damages
for
any
tort
claim
shall
not
exceed
two
7
times
the
amount
of
compensatory
damages
awarded
by
the
trier
8
of
fact.
The
court
shall
reduce
any
award
of
punitive
damages
9
in
excess
of
two
times
the
amount
of
compensatory
damages.
10
DIVISION
II
11
IOWA
MUNICIPAL
TORT
CLAIMS
ACT
12
Sec.
7.
Section
670.2,
Code
2019,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4.
An
employee
is
not
personally
liable
15
for
a
claim
arising
out
of
an
act
of
the
employee
taken
in
16
execution
or
enforcement
of
any
law
unless
the
act
constitutes
17
willful
and
wanton
misconduct.
18
Sec.
8.
Section
670.4,
subsection
1,
paragraph
k,
Code
2019,
19
is
amended
to
read
as
follows:
20
k.
A
claim
based
upon
or
arising
out
of
an
act
or
omission
21
of
a
municipality
in
connection
with
an
emergency
response
22
including
but
not
limited
to
acts
or
omissions
in
connection
23
with
emergency
response
communications
services.
For
the
24
purposes
of
this
paragraph,
“municipality”
includes
a
nonprofit
25
corporation
that
delivers
such
emergency
response
services
on
26
behalf
of
a
city,
county,
township,
or
benefited
fire
district
27
pursuant
to
a
written
contract.
The
city,
county,
township,
28
or
benefited
fire
district
shall
file
the
written
contract
and
29
any
amendment,
modification,
or
notice
of
termination
of
the
30
contract
in
an
electronic
format
with
the
secretary
of
state
31
within
thirty
days
of
the
effective
date
of
the
contract,
32
amendment,
modification,
or
termination
in
a
manner
specified
33
by
the
secretary
of
state.
34
Sec.
9.
Section
670.7,
Code
2019,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
5.
The
governing
body
of
a
municipality
2
shall
purchase
and
maintain
insurance
or
risk
pool
coverage
for
3
claims
for
punitive
damages
in
tort
actions
for
wrongful
death,
4
excessive
force,
and
arrest
without
probable
cause
against
its
5
law
enforcement
and
public
safety
officers,
employees,
and
6
volunteers,
whether
elected
or
appointed,
arising
out
of
an
7
alleged
act
or
omission
occurring
within
the
scope
of
such
a
8
person’s
employment
or
duties.
The
governing
body
may
purchase
9
and
maintain
insurance
or
risk
pool
coverage
for
claims
for
10
punitive
damages
against
its
law
enforcement
and
public
safety
11
officers,
employees,
and
volunteers
for
other
tort
actions.
12
The
purchase
of
insurance
or
risk
pool
coverage
pursuant
to
13
this
subsection
does
not
waive
a
defense
of
governmental
14
immunity
to
any
claim
or
action
brought
against
a
law
15
enforcement
or
public
safety
officer,
employee,
or
volunteer.
16
Sec.
10.
NEW
SECTION
.
670.14
Notice
of
claims.
17
1.
A
person
bringing
a
tort
claim
against
a
municipality,
or
18
an
officer,
employee,
or
elected
official
of
a
municipality,
19
shall
submit
notice
of
the
claim
to
the
county
attorney
in
20
writing
not
later
than
one
hundred
eighty
days
after
the
21
accrual
of
the
claim.
22
2.
A
person
bringing
a
tort
claim
against
a
city
or
an
23
officer,
employee,
or
elected
official
of
a
city
shall
submit
24
notice
of
the
claim
to
the
city
clerk
in
writing
not
later
than
25
one
hundred
eighty
days
after
the
accrual
of
the
claim.
26
3.
A
failure
to
submit
notice
consistent
with
this
section
27
shall
be
grounds
for
dismissal
with
prejudice.
28
Sec.
11.
NEW
SECTION
.
670.15
Limitation
of
liability.
29
A
person
bringing
a
tort
claim
for
excessive
use
of
force,
30
arrest
without
probable
cause,
or
false
arrest
against
a
31
municipality
or
a
peace
officer
of
a
municipality
shall
32
not
recover
compensatory
damages
in
excess
of
one
hundred
33
thousand
dollars
for
damages
arising
from
a
single
incident
34
or
occurrence.
This
limitation
does
not
apply
to
damages
for
35
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medical
expenses.
1
Sec.
12.
NEW
SECTION
.
670.16
Arrest
without
probable
cause
2
——
defense.
3
1.
A
peace
officer
shall
not
be
liable
for
an
arrest
without
4
probable
cause
if
arguable
probable
cause
or
probable
cause
5
existed
for
any
charge
at
the
time
of
the
claimant’s
arrest.
6
2.
The
court
shall
determine
whether
the
undisputed
7
material
facts
establish
arguable
probable
cause
or
probable
8
cause
for
an
arrest.
A
district
court’s
determination
that
9
arguable
probable
cause
or
probable
cause
existed
for
a
10
claimant’s
arrest
shall
bar
the
claimant’s
claim.
11
3.
The
municipality
and
a
peace
officer
of
the
municipality
12
shall
be
entitled
to
qualified
immunity
from
suit
if
the
arrest
13
was
supported
by
arguable
probable
cause
or
probable
cause
14
based
on
the
facts
and
information
known
or
perceived
by
the
15
arresting
officer
at
the
time
of
arrest,
if
the
officer
acted
16
objectively
reasonably,
or
if
the
arrest
was
supported
by
a
17
warrant,
unless
the
officer
knew
that
the
warrant
was
invalid.
18
4.
The
court
shall
construe
this
section
liberally
in
favor
19
of
the
peace
officer
and
the
municipality.
20
Sec.
13.
NEW
SECTION
.
670.17
Arrest
——
exceptions.
21
1.
In
a
tort
claim
where
an
arrest
is
an
element
of
22
the
claim,
or
in
a
tort
claim
for
false
arrest
or
false
23
imprisonment,
the
following
shall
not
constitute
an
arrest:
24
a.
A
seizure
or
detention
of
a
person
by
a
peace
officer
for
25
the
purpose
of
an
investigatory
stop.
26
b.
A
seizure
of
a
person
by
a
peace
officer,
correctional
27
officer,
bailiff,
or
a
person
summoned
to
aid
by
a
peace
28
officer,
correctional
officer,
or
bailiff,
by
use
of
force
for
29
the
purpose
of
defending
any
person
from
a
perceived
threat
30
of
bodily
harm
or
death
if
the
peace
officer,
correctional
31
officer,
bailiff,
or
a
person
summoned
to
aid
by
a
peace
32
officer,
correctional
officer,
or
bailiff,
reasonably
believes,
33
based
on
the
facts
and
information
available,
that
the
use
of
34
force
is
reasonable
in
the
circumstances.
35
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c.
The
restraint
of
a
person,
including
a
prisoner,
in
1
the
custody
of
an
officer,
employee,
or
contractor
of
a
law
2
enforcement
or
correctional
agency
of
the
federal
government,
3
the
state,
or
a
municipality,
including
for
transportation
of
4
a
person
or
prisoner
pursuant
to
an
arrest
warrant
or
court
5
order,
or
as
otherwise
permitted
by
law.
6
2.
In
a
tort
claim
or
action
for
arrest
without
probable
7
cause,
the
court
shall
determine
whether
a
seizure
constitutes
8
an
arrest
as
a
matter
of
law.
9
Sec.
14.
NEW
SECTION
.
670.18
Recklessness
——
burden
of
10
proof.
11
1.
A
person
bringing
a
tort
claim
against
a
municipality
or
12
an
officer,
employee,
or
elected
official
of
a
municipality
for
13
which
recklessness
is
an
element
shall
prove
recklessness
by
14
clear
and
convincing
evidence.
15
2.
The
district
court
shall
make
a
preliminary
16
determination
not
less
than
sixty
days
before
trial
whether
17
sufficient
admissible
evidence
exists
to
present
the
issue
of
18
recklessness
to
the
finder
of
fact
at
trial.
If
the
claimant
19
fails
to
present
sufficient
admissible
evidence
on
the
issue
of
20
recklessness,
the
court
shall
dismiss
the
claim
with
prejudice.
21
Sec.
15.
NEW
SECTION
.
670.19
Punitive
damages
——
22
limitations.
23
1.
A
municipality
or
an
officer,
employee,
or
elected
24
official
of
a
municipality
shall
have
the
right
to
a
bifurcated
25
trial
in
any
tort
action
where
a
claimant
seeks
punitive
26
damages.
27
2.
Punitive
damages
for
any
tort
claim
shall
not
exceed
two
28
times
the
amount
of
compensatory
damages
awarded
by
the
trier
29
of
fact.
The
court
shall
reduce
any
award
of
punitive
damages
30
in
excess
of
two
times
the
amount
of
compensatory
damages.
31
DIVISION
III
32
ARRESTS
33
Sec.
16.
Section
804.2,
Code
2019,
is
amended
to
read
as
34
follows:
35
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804.2
Contents
of
arrest
warrant.
1
1.
The
warrant
must
be
directed
to
any
peace
officer
in
2
the
state;
give
the
name
of
the
defendant,
if
known
to
the
3
magistrate;
if
unknown,
may
designate
“name
unknown”;
and
4
must
state
by
name
or
general
description
an
offense
which
5
authorizes
a
warrant
to
issue,
the
date
of
issuing
it,
the
6
county
or
city
where
issued,
and
be
signed
by
the
magistrate
7
with
the
magistrate’s
name
of
office.
8
2.
A
provision
on
or
attached
to
a
warrant
relating
to
9
the
transportation
of
a
person
subject
to
a
warrant
may
be
10
modified
by
the
sheriff
responsible
for
the
transportation
of
11
such
a
person.
Such
an
amendment
or
modification
shall
not
12
affect
the
validity
of
the
arrest
warrant
or
form
the
basis
13
for
any
tort
claim
against
the
state
or
a
municipality,
or
an
14
officer,
employee,
elected
official,
or
agent
of
the
state
or
a
15
municipality.
16
Sec.
17.
Section
804.5,
Code
2019,
is
amended
to
read
as
17
follows:
18
804.5
Arrest
defined.
19
Arrest
is
the
taking
of
a
person
into
custody
when
and
in
20
the
manner
authorized
by
law
and
the
initiating
of
a
criminal
21
process
against
the
person
,
including
restraint
of
the
person
22
or
the
person’s
submission
to
custody.
23
DIVISION
IV
24
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS
25
Sec.
18.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
26
immediate
importance,
takes
effect
upon
enactment.
27
Sec.
19.
APPLICABILITY.
This
Act
applies
to
all
claims
28
accruing
on
or
after
the
effective
date
of
this
Act.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
state,
municipal,
and
employee
33
liability
for
certain
torts.
34
DIVISION
I
——
IOWA
TORT
CLAIMS
ACT.
The
bill
provides
that
a
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person
cannot
bring
a
tort
arising
out
of
an
act
or
omission
of
1
an
employee
of
the
state
in
the
execution
or
enforcement
of
any
2
law
against
an
employee
of
the
state
in
the
employee’s
unless
3
the
employee’s
act
constitutes
willful
and
wanton
conduct.
4
The
bill
limits
recovery
of
compensatory
damages
for
claims
5
of
excessive
use
of
force,
arrest
without
probable
cause,
or
6
false
arrest
against
the
state
or
a
peace
officer
of
the
state
7
to
$100,000
per
incident
or
occurrence.
This
limitation
does
8
not
apply
to
damages
for
medical
expenses.
9
The
bill
bars
a
claim
for
arrest
without
probable
cause
10
against
a
peace
officer
of
the
state
if
probable
cause
or
11
arguable
probable
cause
existed
for
any
charge
at
the
time
of
12
the
claimant’s
arrest.
The
bill
requires
a
district
court
13
to
determine
whether
the
undisputed
material
facts
of
a
case
14
establish
that
arguable
probable
cause
or
probable
cause
15
existed
at
the
time
of
the
claimant’s
arrest.
An
affirmative
16
finding
bars
the
claimant’s
claim.
The
bill
grants
qualified
17
immunity
from
suit
for
arrest
without
probable
cause
to
an
18
officer
who
believed
there
was
arguable
probable
cause
or
19
probable
cause
based
on
the
information
available
to
the
20
officer,
if
the
officer
acted
objectively
reasonably,
or
if
the
21
arrest
was
supported
by
a
warrant,
unless
the
officer
knew
that
22
the
warrant
was
invalid.
The
bill
instructs
district
courts
to
23
construe
the
Code
section
liberally
in
favor
of
peace
officers.
24
The
bill
enumerates
certain
actions
that
do
not
constitute
25
arrest
with
respect
to
a
tort
claim
that
has
arrest
as
an
26
element.
These
actions
are:
a
seizure
or
detention
for
the
27
purpose
of
an
investigatory
stop;
a
seizure
by
use
of
force
by
28
certain
employees
for
the
purpose
of
defending
a
person
from
a
29
perceived
threat
of
bodily
harm
or
death
if
the
person
using
30
force
reasonably
believes
that
the
use
of
force
is
reasonable
31
in
the
circumstances;
and
the
restraint
of
a
person
in
custody.
32
The
bill
instructs
district
courts
to
determine
as
a
matter
33
of
law
whether
a
seizure
constitutes
an
arrest
when
hearing
a
34
claim
for
arrest
without
probable
cause.
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The
bill
requires
a
person
bringing
a
tort
claim
against
the
1
state
or
an
officer,
employee,
or
elected
official
of
the
state
2
for
which
recklessness
is
an
element
to
prove
recklessness
3
by
clear
and
convincing
evidence.
The
bill
also
requires
a
4
district
court
hearing
such
a
claim
to
determine
not
less
than
5
60
days
before
trial
whether
there
is
sufficient
admissible
6
evidence
to
present
the
issue
of
recklessness
to
the
finder
of
7
fact
at
trial.
8
The
bill
grants
to
the
state
or
an
officer,
employee,
or
9
elected
official
of
the
state
the
right
to
a
bifurcated
trial
10
on
the
issue
of
punitive
damages
in
any
tort
action
where
a
11
claimant
seeks
punitive
damages.
The
bill
also
limits
punitive
12
damages
to
two
times
the
amount
of
compensatory
damages.
13
DIVISION
II
——
IOWA
MUNICIPAL
TORT
CLAIMS
ACT.
The
bill
14
provides
that
a
person
cannot
bring
a
tort
arising
out
of
15
an
act
or
omission
of
an
employee
of
a
municipality
in
the
16
execution
or
enforcement
of
any
law
against
an
employee
of
the
17
municipality
in
the
employee’s
personal
capacity
unless
the
18
employee’s
act
constitutes
willful
and
wanton
conduct.
19
The
bill
extends
the
immunity
from
tort
liability,
absent
20
an
express
statute,
granted
to
municipalities
for
claims
21
based
upon
or
arising
out
of
an
act
or
omission
in
connection
22
with
emergency
response
services
to
nonprofit
corporations
23
providing
the
same
services
pursuant
to
a
written
contract
with
24
a
city,
county,
township,
or
benefited
fire
district.
Any
such
25
contract
and
any
modifications
thereto
shall
be
filed
with
the
26
secretary
of
state
within
30
days
of
their
effectiveness.
27
The
bill
requires
the
governing
body
of
a
municipality
28
to
purchase
insurance
or
risk
pool
coverage
for
claims
for
29
punitive
damages
in
certain
cases
against
its
employees
and
30
volunteers
arising
out
of
an
act
or
omission
within
the
scope
31
of
such
a
person’s
duties.
The
bill
allows
the
governing
body
32
of
a
municipality
to
purchase
such
insurance
or
coverage
for
33
punitive
damages
in
all
other
actions.
The
purchase
of
such
34
insurance
or
coverage
does
not
waive
a
defense
of
governmental
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immunity.
1
The
bill
requires
a
person
bringing
a
tort
claim
against
2
a
county
or
township,
or
an
officer,
employee,
or
elected
3
official
of
a
county
or
township
to
submit
notice
of
the
claim
4
to
the
county
attorney
in
writing
not
later
than
180
days
after
5
the
claim
accrues.
The
bill
also
requires
a
person
bringing
a
6
tort
claim
against
a
city
or
an
officer,
employee,
or
elected
7
official
of
a
city
to
submit
notice
of
the
claim
to
the
city
8
clerk
in
writing
not
later
than
180
days
after
the
claim
9
accrues.
10
The
bill
limits
recovery
of
compensatory
damages
for
claims
11
of
excessive
use
of
force,
arrest
without
probable
cause,
or
12
false
arrest
against
a
municipality
or
a
peace
officer
of
the
13
municipality
to
$100,000
per
incident
or
occurrence.
This
14
limitation
does
not
apply
to
damages
for
medical
expenses.
15
The
bill
bars
a
claim
for
arrest
without
probable
cause
16
against
a
peace
officer
of
a
municipality
if
probable
cause
17
or
arguable
probable
cause
existed
for
any
charge
at
the
time
18
of
the
claimant’s
arrest.
The
bill
requires
a
district
court
19
to
determine
whether
the
undisputed
material
facts
of
a
case
20
establish
that
arguable
probable
cause
or
probable
cause
21
existed
at
the
time
of
the
claimant’s
arrest.
An
affirmative
22
finding
bars
the
claimant’s
claim.
The
bill
grants
qualified
23
immunity
from
suit
for
arrest
without
probable
cause
to
an
24
officer
who
believed
there
was
arguable
probable
cause
or
25
probable
cause
based
on
the
information
available
to
the
26
officer,
if
the
officer
acted
objectively
reasonably,
or
if
the
27
arrest
was
supported
by
a
warrant,
unless
the
officer
knew
that
28
the
warrant
was
invalid.
The
bill
instructs
district
courts
to
29
construe
the
Code
section
liberally
in
favor
of
peace
officers.
30
The
bill
enumerates
certain
actions
that
do
not
constitute
31
arrest
with
respect
to
a
tort
claim
that
has
arrest
as
an
32
element.
These
actions
are:
a
seizure
or
detention
for
the
33
purpose
of
an
investigatory
stop;
a
seizure
by
use
of
force
by
34
certain
employees
for
the
purpose
of
defending
a
person
from
a
35
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perceived
threat
of
bodily
harm
or
death
if
the
person
using
1
force
reasonably
believes
that
the
use
of
force
is
reasonable
2
in
the
circumstances;
and
the
restraint
of
a
person
in
custody.
3
The
bill
instructs
courts
to
determine
as
a
matter
of
law
4
whether
a
seizure
constitutes
an
arrest
when
hearing
a
claim
5
for
arrest
without
probable
cause.
6
The
bill
requires
a
person
bringing
a
tort
claim
against
7
a
municipality
or
an
officer,
employee,
or
elected
official
8
of
the
state
for
which
recklessness
is
an
element
to
prove
9
recklessness
by
clear
and
convincing
evidence.
The
bill
10
also
requires
a
court
hearing
such
a
claim
to
determine
not
11
less
than
60
days
before
trial
whether
there
is
sufficient
12
admissible
evidence
to
present
the
issue
of
recklessness
to
the
13
finder
of
fact
at
trial.
14
The
bill
grants
to
the
state
or
an
officer,
employee,
or
15
elected
official
of
the
state
the
right
to
a
bifurcated
trial
16
on
the
issue
of
punitive
damages
in
any
tort
action
where
a
17
claimant
seeks
punitive
damages.
The
bill
also
limits
punitive
18
damages
to
two
times
the
amount
of
compensatory
damages.
19
DIVISION
III
——
ARRESTS.
The
bill
allows
a
sheriff
20
responsible
for
the
transport
of
a
person
arrested
pursuant
to
21
a
warrant
to
modify
any
designation
relating
to
the
transport
22
of
that
person
on
or
attached
to
the
warrant
without
affecting
23
the
validity
of
the
warrant
or
giving
rise
to
a
tort
claim.
24
The
bill
changes
the
definition
of
“arrest”
to
require
the
25
initiating
of
a
criminal
process
against
a
person
before
an
26
arrest
has
occurred.
27
DIVISION
IV
——
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
28
The
bill
is
effective
upon
enactment
and
applies
to
all
claims
29
accruing
on
or
after
the
effective
date
of
the
bill.
30
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