Read the full stored bill text
House
File
668
-
Introduced
HOUSE
FILE
668
BY
WENGRYN
,
FETT
,
SHIPLEY
,
and
LAWLER
A
BILL
FOR
An
Act
relating
to
immunity
from
criminal
or
civil
liability
in
1
cases
involving
the
justifiable
use
of
reasonable
force.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2145YH
(3)
91
as/js
H.F.
668
Section
1.
Section
704.13,
Code
2025,
is
amended
to
read
as
1
follows:
2
704.13
Immunity.
3
1.
A
person
who
is
justified
in
using
reasonable
force
4
against
an
aggressor
in
defense
of
oneself,
another
person,
5
or
property
pursuant
to
section
704.4
is
immune
from
criminal
6
or
civil
liability
for
all
damages
incurred
by
the
aggressor
7
pursuant
to
the
application
of
reasonable
force.
8
2.
There
shall
be
a
presumption
under
this
section
that
the
9
person
reasonably
believed
that
such
use
of
force
was
necessary
10
to
defend
the
person,
another
person,
or
property
from
what
the
11
person
reasonably
believed
to
be
the
use
of
or
imminent
use
of
12
unlawful
force
by
another
person.
13
3.
A
law
enforcement
agency
may
use
standard
procedures
14
for
investigating
the
use
or
threatened
use
of
force,
but
the
15
law
enforcement
agency
shall
not
arrest
the
person
for
using
16
or
threatening
to
use
force
unless
the
law
enforcement
agency
17
makes
the
determination
that
there
is
probable
cause
to
believe
18
that
the
force
that
was
used
or
was
threatened
to
be
used
was
19
unlawful.
20
4.
In
a
criminal
prosecution
or
civil
action,
when
a
21
justified
use
of
force
immunity
has
been
raised
by
a
person
at
22
a
pretrial
immunity
hearing,
the
burden
of
proof,
to
be
carried
23
by
clear
and
convincing
evidence,
is
on
the
party
seeking
to
24
overcome
the
immunity
provided
in
subsection
1.
The
court
25
shall
hold
a
pretrial
immunity
hearing
within
fourteen
days
of
26
the
person
filing
a
motion
to
dismiss
the
criminal
prosecution
27
or
civil
action
on
the
grounds
of
immunity.
28
5.
In
a
criminal
prosecution,
a
determination
by
the
court
29
that
there
is
probable
cause
to
believe
that
the
criminal
30
offense
was
committed
by
the
person
and
that
the
person
31
should
stand
trial
for
the
criminal
offense
must
include
a
32
determination
that
the
person’s
use
of
force
was
not
justified.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
-1-
LSB
2145YH
(3)
91
as/js
1/
2
H.F.
668
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
immunity
from
criminal
or
civil
2
liability
in
cases
involving
the
justifiable
use
of
reasonable
3
force.
4
Under
current
law,
a
person
who
is
justified
in
using
5
reasonable
force
against
an
aggressor
in
defense
of
the
6
person’s
self,
another
person,
or
property
is
immune
from
7
criminal
or
civil
liability
for
all
damages
incurred.
The
bill
8
provides
that
there
shall
be
a
presumption
that
the
person
9
reasonably
believed
that
such
use
of
force
was
necessary
to
10
defend
the
person,
another
person,
or
property
from
what
the
11
person
reasonably
believed
to
be
the
use
of
or
imminent
use
of
12
unlawful
force
by
another
person.
A
law
enforcement
agency
may
13
investigate
the
use
or
threatened
use
of
force,
but
the
law
14
enforcement
agency
shall
not
arrest
the
person
for
using
or
15
threatening
to
use
force
unless
law
enforcement
determines
that
16
there
is
probable
cause
to
believe
that
the
force
that
was
used
17
or
was
threatened
to
be
used
was
unlawful.
18
The
bill
provides
that
in
a
criminal
prosecution
or
civil
19
action,
once
a
justified
use
of
force
immunity
has
been
raised
20
by
a
person
at
a
pretrial
immunity
hearing,
the
burden
of
21
proof,
to
be
carried
by
clear
and
convincing
evidence,
is
on
22
the
party
seeking
to
overcome
the
immunity.
The
court
shall
23
hold
a
pretrial
immunity
hearing
within
14
days
of
the
person
24
filing
a
motion
to
dismiss
on
the
grounds
of
immunity.
25
The
bill
provides
that
a
probable
cause
determination
by
the
26
court
that
the
person
committed
the
crime
and
that
the
person
27
should
stand
trial
for
the
criminal
offense
must
include
a
28
determination
that
the
person’s
use
of
force
was
not
justified.
29
-2-
LSB
2145YH
(3)
91
as/js
2/
2