House File 2314 - Introduced HOUSE FILE 2314 BY WINDSCHITL , SORENSON , and SCHULTZ A BILL FOR An Act relating to the justifiable use of reasonable force and 1 providing a remedy. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5768YH (3) 83 jm/rj

H.F. 2314 Section 1. Section 704.1, Code 2009, is amended to read as 1 follows: 2 704.1 Reasonable force. 3 1. “Reasonable force” is means that force and no more which 4 a reasonable person, in like circumstances, would judge to 5 be necessary to prevent an injury or loss and can include 6 deadly force if it is reasonable to believe that such force is 7 necessary to avoid injury or risk to one’s life or safety or 8 the life or safety of another, or it is reasonable to believe 9 that such force is necessary to resist a like force or threat. 10 2. Reasonable force, including deadly force, may be used 11 even if an alternative course of action is available if the 12 alternative entails a risk to life or safety, or the life or 13 safety of a third party, or requires one to abandon or retreat 14 from one’s dwelling or place of business or employment , and 15 a person has no duty to retreat from any place at which the 16 person has a right to be present, and has the right to stand 17 the person’s ground, and meet force with force, if the person 18 believes reasonable force, including deadly force, is necessary 19 under the circumstances to prevent death or serious injury to 20 oneself or a third party, or to prevent the commission of a 21 forcible felony . 22 Sec. 2. NEW SECTION . 704.4A Immunity. 23 1. A person who uses reasonable force shall be immune from 24 any criminal prosecution or civil action for using such force, 25 unless the person against whom such force is used is a peace 26 officer acting within the scope of the officer’s duties and the 27 peace officer discloses the officer’s identity, or the person 28 knows or reasonably should know that the person is a peace 29 officer. 30 2. A law enforcement agency may use standard investigating 31 procedures for investigating the use of force, but the law 32 enforcement agency shall not arrest a person for using force 33 unless the law enforcement agency determines there is probable 34 cause that the force was unlawful under this chapter. 35 -1- LSB 5768YH (3) 83 jm/rj 1/ 3

H.F. 2314 3. If it is later determined by a court or jury that 1 the person was justified in using reasonable force under 2 the circumstances, and the person is found not liable in a 3 civil court, the person shall be awarded reasonable attorney 4 fees, court costs, compensation for loss of any income, and 5 reimbursement of any other expenses incurred as a result of 6 being arrested and charged, to be paid by the civil plaintiff. 7 EXPLANATION 8 This bill relates to the justifiable use of reasonable 9 force. 10 The bill provides that a person may use reasonable force, 11 including deadly force, and a person has no duty to retreat 12 from any place at which the person has a right to be present, 13 and has a right to stand the person’s ground, and meet force 14 with force, if the person believes reasonable force, including 15 deadly force, is necessary under the circumstances to prevent 16 death or serious injury to oneself or a third party, or to 17 prevent the commission of a forcible felony. 18 Current law provides that a person may use reasonable force, 19 including deadly force, even if an alternative course of action 20 is available if the alternative entails a risk of life or 21 safety, or the life or safety of a third party, or requires one 22 to abandon or retreat from one’s residence or place of business 23 or employment. 24 The bill also provides that a person who uses reasonable 25 force shall be immune from any criminal prosecution or civil 26 action for using such force, unless the person against whom 27 such force is used is a peace officer acting within the scope 28 of the officer’s duties and the peace officer discloses the 29 officer’s identity, or the person knows or reasonably should 30 know that the person is a peace officer. 31 Under the bill, a law enforcement agency shall not arrest a 32 person for using force unless it determines there is probable 33 cause that the force was unlawful under Code chapter 704. 34 The bill also provides that if a court or jury finds a person 35 -2- LSB 5768YH (3) 83 jm/rj 2/ 3

H.F. 2314 justified in using reasonable force under the circumstances, 1 and the person is found not liable in a civil court, the 2 person shall be awarded reasonable attorney fees, court costs, 3 compensation for loss of any income, and reimbursement of any 4 other expenses incurred as a result of being arrested and 5 charged, to be paid by the civil plaintiff. 6 -3- LSB 5768YH (3) 83 jm/rj 3/ 3