Text: HF2313            Text: HF2315
Complete Bill History


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
Text: HF2313            Text: HF2315 Complete Bill History