House File 2314      



                                    HOUSE FILE       
                                    BY  WINDSCHITL, SORENSON,
                                        and SCHULTZ

                                         A BILL FOR

     1 An Act relating to the justifiable use of reasonable force and
     2    providing a remedy.
     3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       TLSB 5768YH (3) 83
       jm/rj

PAG LIN



  1  1    Section 1.  Section 704.1, Code 2009, is amended to read as
  1  2 follows:
  1  3    704.1  Reasonable force.
  1  4    1.  "Reasonable force" is means that force and no more which
  1  5 a reasonable person, in like circumstances, would judge to
  1  6 be necessary to prevent an injury or loss and can include
  1  7 deadly force if it is reasonable to believe that such force is
  1  8 necessary to avoid injury or risk to one's life or safety or
  1  9 the life or safety of another, or it is reasonable to believe
  1 10 that such force is necessary to resist a like force or threat.
  1 11    2.  Reasonable force, including deadly force, may be used
  1 12 even if an alternative course of action is available if the
  1 13 alternative entails a risk to life or safety, or the life or
  1 14 safety of a third party, or requires one to abandon or retreat
  1 15 from one's dwelling or place of business or employment, and
  1 16 a person has no duty to retreat from any place at which the
  1 17 person has a right to be present, and has the right to stand
  1 18 the person's ground, and meet force with force, if the person
  1 19 believes reasonable force, including deadly force, is necessary
  1 20 under the circumstances to prevent death or serious injury to
  1 21 oneself or a third party, or to prevent the commission of a
  1 22 forcible felony.
  1 23    Sec. 2.  NEW SECTION.  704.4A  Immunity.
  1 24    1.  A person who uses reasonable force shall be immune from
  1 25 any criminal prosecution or civil action for using such force,
  1 26 unless the person against whom such force is used is a peace
  1 27 officer acting within the scope of the officer's duties and  the
  1 28 peace officer discloses the officer's identity, or the  person
  1 29 knows or reasonably should know that the person is a  peace
  1 30 officer.
  1 31    2.  A law enforcement agency may use standard investigating
  1 32 procedures for investigating the use of force, but the law
  1 33 enforcement agency shall not arrest a person for using force
  1 34 unless the law enforcement agency determines there is probable
  1 35 cause that the force  was unlawful under this chapter.
  2  1    3.  If it is later determined by a  court or jury that
  2  2 the person was justified in using  reasonable force under
  2  3 the circumstances, and the person is found not liable in a
  2  4 civil court, the person shall be  awarded reasonable attorney
  2  5 fees, court costs, compensation  for loss of any income, and
  2  6 reimbursement of any other  expenses incurred as a result of
  2  7 being arrested and charged, to be paid by the civil plaintiff.
  2  8                           EXPLANATION
  2  9    This bill relates to the justifiable use of reasonable
  2 10 force.
  2 11    The bill provides that a person may use reasonable force,
  2 12 including deadly force, and a person has no duty to retreat
  2 13 from any place at which the person has a right to be present,
  2 14 and has a right to stand the person's ground, and meet force
  2 15 with force, if the person believes reasonable force, including
  2 16 deadly force, is necessary under the circumstances to prevent
  2 17 death or serious injury to oneself or a third party, or to
  2 18 prevent the commission of a forcible felony.
  2 19    Current law provides that a person may use reasonable  force,
  2 20 including deadly force, even if an alternative course  of action
  2 21 is available if the alternative entails a risk of  life or
  2 22 safety, or the life or safety of a third party, or  requires one
  2 23 to abandon or retreat from one's residence or  place of business
  2 24 or employment.
  2 25    The bill also provides that a person who uses reasonable
  2 26 force shall be immune from any criminal prosecution or civil
  2 27 action for using such force, unless the person against whom
  2 28 such force is used is a peace officer acting within the scope
  2 29 of the officer's duties and the peace officer discloses the
  2 30 officer's identity, or the person knows or reasonably should
  2 31 know that the person is a peace officer.
  2 32    Under the bill, a law enforcement agency shall not arrest a
  2 33 person for using force unless it determines there is probable
  2 34 cause that the force was unlawful under Code chapter 704.
  2 35    The bill also provides that if a court or jury finds a person
  3  1 justified in using reasonable force under the circumstances,
  3  2 and the person is found not liable in a civil court, the
  3  3 person shall be awarded reasonable attorney fees, court  costs,
  3  4 compensation for loss of any income, and reimbursement  of any
  3  5 other expenses incurred as a result of being arrested  and
  3  6 charged, to be paid by the civil plaintiff.
       LSB 5768YH (3) 83
       jm/rj