A bill for an act providing for a hearing to determine immunity from criminal or civil liability following a use of reasonable force in defense of one’s self, others, or property. (Formerly HSB 213 .)

House

File

945

-

Reprinted

HOUSE

FILE

945

BY

COMMITTEE

ON

JUDICIARY

(SUCCESSOR

TO

HSB

213)

(As

Amended

and

Passed

by

the

House

March

24,

2025

)

A

BILL

FOR

An

Act

providing

for

a

hearing

to

determine

immunity

from

1

criminal

or

civil

liability

following

a

use

of

reasonable

2

force

in

defense

of

one’s

self,

others,

or

property.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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H.F.

945

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

prosecution,

criminal

liability

for

all

damages,

and

civil

7

liability

for

all

damages

incurred

by

the

aggressor

pursuant

to

8

the

application

of

reasonable

force.

9

2.

A

defendant

in

a

criminal

action

may

file

a

motion

10

asserting

the

immunity

granted

in

this

section

not

less

than

11

forty-five

days

before

trial.

The

court

shall

conduct

a

12

pretrial

hearing

to

determine

whether

the

defendant

is

immune

13

from

criminal

prosecution.

If

the

court

finds

that

the

14

defendant

has

established

a

prima

facie

claim

of

immunity,

the

15

state

shall

bear

the

burden

of

proof

by

clear

and

convincing

16

evidence

to

overcome

the

claim

of

immunity.

If

the

state

17

overcomes

the

claim

of

immunity,

the

case

will

proceed

to

trial

18

as

provided

by

the

rules

of

criminal

procedure.

If

the

state

19

does

not

overcome

the

claim

of

immunity,

the

case

shall

be

20

dismissed

with

prejudice.

21

3.

A

defendant

in

a

civil

action

may

raise

the

immunity

22

granted

by

this

section

as

an

affirmative

defense

as

provided

23

by

the

rules

of

civil

procedure.

24

4.

A

defendant

in

a

criminal

action

may

raise

any

defense

25

or

immunity

granted

by

this

chapter

as

a

trial

defense.

The

26

denial

of

a

defendant’s

pretrial

motion

under

this

section

27

shall

not

preclude

the

defendant’s

right

to

raise

any

28

affirmative

defense

or

immunity

at

trial.

29

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