Senate File 96 - Introduced SENATE FILE 96 BY CHELGREN A BILL FOR An Act relating to the justifiable use of reasonable force. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1762SS (2) 85 jm/rj

S.F. 96 Section 1. Section 704.1, Code 2013, is amended to read as 1 follows: 2 704.1 Reasonable force. 3 “Reasonable force” is that force and no more which a 4 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 Reasonable force, including deadly force, may be used even if 11 an alternative course of action is available if the alternative 12 entails a risk to life or safety, or the life or safety of a 13 third party, or requires one to abandon or retreat from one’s 14 dwelling or place of business or employment , and a person has 15 no duty to retreat, and has the right to stand the person’s 16 ground, and meet force with force, if the person believes 17 reasonable force, including deadly force, is necessary under 18 the circumstances to prevent death or serious injury to oneself 19 or a third party, or to prevent the commission of a forcible 20 felony . 21 Sec. 2. NEW SECTION . 704.4A Immunity. 22 1. A person who uses reasonable force shall be immune from 23 any criminal prosecution or civil action for using such force, 24 unless the person against whom such force is used is a peace 25 officer acting within the scope of the officer’s duties and the 26 peace officer identifies the officer’s identity, or the person 27 knew or reasonably should have known that the person is a peace 28 officer. 29 2. A law enforcement agency may use standard investigating 30 procedures for investigating the use of force, but the law 31 enforcement agency shall not arrest a person for using force 32 unless it determines there is probable cause that the force was 33 unlawful under this chapter. 34 3. If a person is arrested and it is later determined by a 35 -1- LSB 1762SS (2) 85 jm/rj 1/ 3

S.F. 96 court or jury that the person was justified in using reasonable 1 force under the circumstances, the person shall be awarded 2 reasonable attorney fees, court costs, compensation for loss of 3 any income, and reimbursement of any other expenses incurred as 4 a result of being arrested and charged. 5 EXPLANATION 6 This bill relates to the justifiable use of reasonable 7 force. 8 The bill provides that a person may use reasonable force, 9 including deadly force, and a person has no duty to retreat, 10 and has a right to stand the person’s ground, and meet force 11 with force, if the person believes reasonable force, including 12 deadly force, is necessary under the circumstances to prevent 13 death or serious injury to oneself or a third party, or to 14 prevent the commission of a forcible felony. 15 Current law provides that a person may use reasonable force, 16 including deadly force, even if an alternative course of action 17 is available if the alternative entails a risk of life or 18 safety or the life or safety of a third party, or requires 19 one to abandon or retreat from one’s residence or place of 20 business. 21 The bill also provides that a person who uses reasonable 22 force shall be immune from any criminal prosecution or civil 23 action for using such force, unless the person against whom 24 such force is used is a peace officer acting within the scope 25 of the officer’s duties and the peace officer identifies the 26 officer’s identity, or the person knew or reasonably should 27 have known that the person is a peace officer. 28 Under the bill, a law enforcement agency shall not arrest a 29 person for using force unless it determines there is probable 30 cause that the force was unlawful under Code chapter 704. 31 The bill also provides that if a person is arrested and it 32 is later determined by a court or jury that the person was 33 justified in using reasonable force under the circumstances, 34 the person shall be awarded reasonable attorney fees, court 35 -2- LSB 1762SS (2) 85 jm/rj 2/ 3

S.F. 96 costs, compensation for loss of any income, and reimbursement 1 of any other expenses incurred as a result of being arrested 2 and charged. 3 -3- LSB 1762SS (2) 85 jm/rj 3/ 3