SF2157 • 2026

A bill for an act relating to malicious prosecution arising from civil actions between private parties.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: DICKEY
Last action: 2026-03-04
Official status: Subcommittee recommends passage.
Effective date: Not listed

Plain English Breakdown

The summary provided by the candidate explanation closely aligns with the official bill text but includes some interpretations that are not directly supported, such as specifying 'without good reason' which is more accurately described as lacking probable cause or acting with malice.

A Law About Malicious Civil Cases Between Private People

This law allows someone to sue another person if they believe the other started a civil case without proper reason and caused them harm.

What This Bill Does

Defines 'malice' as starting a civil action for an improper main purpose, not just securing a fair decision on the claim.
Defines 'probable cause' as having reasonable facts and law that would make a person believe in good faith that the case was justified when it started.
Allows someone to sue another private person if they think the other initiated or caused a civil action without proper reason, causing them harm.
Requires the plaintiff to prove four things: the defendant's lack of probable cause, malicious intent, and actual damages suffered by the plaintiff from defending against the case.
Specifies that plaintiffs do not need to show arrest, property seizure, or other special injuries beyond normal defense burdens.

Who It Names or Affects

People who might sue others for starting civil actions without proper reason.
Private parties involved in civil cases where one party suspects malicious intent from the other.

Terms To Know

Malice: Starting a civil action for an improper main purpose, not just securing a fair decision on the claim.
Probable Cause: Having reasonable facts and law that would make a person believe in good faith that the case was justified when it started.

Limits and Unknowns

The bill only applies to civil actions between private parties, not involving governmental or public wrongs.
It does not change any existing doctrines about standing to challenge governmental or public wrongs.

Bill History

2026-03-04 Iowa Legislature
Subcommittee recommends passage.
2026-03-03 Iowa Legislature
Subcommittee Meeting: 03/04/2026 8:15AM House Lounge.
2026-03-03 Iowa Legislature
Subcommittee: Lawler, Olson and Watkins. H.J. 525 .
2026-02-25 Iowa Legislature
Read first time, referred to Judiciary. H.J. 416 .
2026-02-24 Iowa Legislature
Message from Senate. H.J. 399 .
2026-02-24 Iowa Legislature
Immediate message. S.J. 381 .
2026-02-24 Iowa Legislature
Passed Senate , yeas 29, nays 17. S.J. 381 .
2026-02-19 Iowa Legislature
Placed on calendar.
2026-02-19 Iowa Legislature
Committee report, recommending passage. S.J. 335 .
2026-02-09 Iowa Legislature
Subcommittee recommends passage.
2026-02-05 Iowa Legislature
Subcommittee Meeting: 02/09/2026 2:00PM Senate Lounge.
2026-02-04 Iowa Legislature
Subcommittee: Bousselot, Blake, and Webster. S.J. 200 .
2026-01-29 Iowa Legislature
Introduced, referred to Judiciary. S.J. 169 .

Official Summary Text

A bill for an act relating to malicious prosecution arising from civil actions between private parties.

Current Bill Text

Read the full stored bill text

Senate

File

2157

-

Introduced

SENATE

FILE

2157

BY

DICKEY

A

BILL

FOR

An

Act

relating

to

malicious

prosecution

arising

from

civil

1

actions

between

private

parties.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

5621XS

(3)

91

lh/jh

S.F.

2157

Section

1.

NEW

SECTION

.

611.24

Malicious

prosecution

——

1

civil

actions

between

private

parties.

2

1.

As

used

in

this

section:

3

a.

“Malice”

means

the

initiation

of

a

civil

action

for

a

4

primary

purpose

other

than

securing

a

proper

adjudication

of

5

the

claim.

6

b.

“Probable

cause”

means

the

existence

of

reasonably

known

7

facts

and

law

that

would

lead

a

reasonable

person

to

believe,

8

in

good

faith,

that

the

civil

action

was

legally

and

factually

9

justified

at

the

time

the

civil

action

was

initiated.

10

2.

A

person

may

bring

a

civil

action

for

malicious

11

prosecution

against

a

private

party

who

initiated

or

caused

to

12

be

initiated

a

civil

action

against

the

person.

13

3.

To

prevail

in

an

action

brought

under

this

section,

the

14

plaintiff

must

prove

all

of

the

following:

15

a.

The

underlying

civil

action

was

brought

by

the

defendant

16

and

was

decided

or

dismissed

in

the

plaintiff’s

favor.

17

b.

The

defendant

lacked

probable

cause

to

bring

the

18

underlying

civil

action.

19

c.

The

defendant

acted

with

malice.

20

d.

The

plaintiff

suffered

actual

damages

proximately

caused

21

by

the

malicious

prosecution.

22

4.

A

plaintiff

is

not

required

to

plead

or

prove

arrest,

23

seizure

of

property,

restraint

on

liberty,

issuance

of

24

injunction,

or

any

other

heightened

or

special

injury

beyond

25

the

ordinary

burdens

or

consequences

of

defending

a

civil

26

action.

27

5.

This

section

applies

only

to

malicious

prosecution

28

actions

between

private

parties.

This

section

shall

not

be

29

construed

to

alter,

expand,

or

limit

any

doctrine

governing

30

standing

to

challenge

governmental

or

public

wrongs.

31

EXPLANATION

32

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

33

the

explanation’s

substance

by

the

members

of

the

general

assembly.

34

This

bill

relates

to

malicious

prosecution

arising

from

35

-1-

LSB

5621XS

(3)

91

lh/jh

1/

2

S.F.

2157

civil

actions

between

private

parties.

1

The

bill

defines

“malice”

as

the

initiation

of

a

civil

action

2

for

a

primary

purpose

other

than

securing

a

proper

adjudication

3

of

the

claim,

and

“probable

cause”

as

the

existence

of

4

reasonably

known

facts

and

law

that

would

lead

a

reasonable

5

person

to

believe,

in

good

faith,

that

the

civil

action

was

6

legally

and

factually

justified

at

the

time

the

civil

action

7

was

initiated.

8

The

bill

authorizes

a

person

a

bring

a

civil

action

for

9

malicious

prosecution

against

a

private

party

who

initiated

or

10

caused

to

be

initiated

a

civil

action

against

the

person.

To

11

prevail,

the

plaintiff

must

prove

that

the

underlying

action

12

was

brought

by

the

defendant

and

decided

or

dismissed

in

the

13

plaintiff’s

favor,

that

the

defendant

lacked

probable

cause

14

to

bring

the

action,

that

the

defendant

acted

with

malice,

15

and

that

the

plaintiff

suffered

actual

damages

as

a

proximate

16

result

of

the

malicious

prosecution.

17

The

bill

specifies

that

a

plaintiff

is

not

required

to

plead

18

or

prove

arrest,

seizure

of

property,

restraint

on

liberty,

19

issuance

of

an

injunction,

or

any

other

heightened

or

special

20

injury

beyond

the

ordinary

burdens

associated

with

defending

a

21

civil

action.

22

The

bill

applies

only

to

malicious

prosecution

actions

23

between

private

parties

and

does

not

alter

any

doctrine

24

governing

standing

to

challenge

governmental

or

public

wrongs.

25

-2-

LSB

5621XS

(3)

91

lh/jh

2/

2