House Amendment 1185


PAG LIN




     1  1    Amend House File 746 as follows:
     1  2 #1.  Page 2, by inserting after line 16 the
     1  3 following:
     1  4    <Sec.    .  Section 704.1, Code 2009, is amended to
     1  5 read as follows:
     1  6    704.1  REASONABLE FORCE.
     1  7    "Reasonable force" is that force and no more which
     1  8 a reasonable person, in like circumstances, would
     1  9 judge to be necessary to prevent an injury or loss and
     1 10 can include deadly force if it is reasonable to
     1 11 believe that such force is necessary to avoid injury
     1 12 or risk to one's life or safety or the life or safety
     1 13 of another, or it is reasonable to believe that such
     1 14 force is necessary to resist a like force or threat.
     1 15 Reasonable force, including deadly force, may be used
     1 16 even if an alternative course of action is available
     1 17 if the alternative entails a risk to life or safety,
     1 18 or the life or safety of a third party, or requires
     1 19 one to abandon or retreat from one's dwelling or place
     1 20 of business or employment, and a person has no duty to
     1 21 retreat, and has the right to stand the person's
     1 22 ground, and meet force with force, if the person
     1 23 believes reasonable force, including deadly force, is
     1 24 necessary under the circumstances to prevent death or
     1 25 serious injury to oneself or a third party, or to
     1 26 prevent the commission of a forcible felony.
     1 27    Sec.    .  NEW SECTION.  704.4A  IMMUNITY.
     1 28    1.  A person who uses reasonable force shall be
     1 29 immune from any criminal prosecution or civil action
     1 30 for using such force, unless the person against whom
     1 31 such force is used is a peace officer acting within
     1 32 the scope of the officer's duties and the peace
     1 33 officer identifies the officer's identity, or the
     1 34 person knew or reasonably should have known the person
     1 35 is a peace officer.
     1 36    2.  A law enforcement agency may use standard
     1 37 investigating procedures for investigating the use of
     1 38 force, but the law enforcement agency shall not arrest
     1 39 a person for using force unless it determines there is
     1 40 probable cause that the force was unlawful under this
     1 41 chapter.
     1 42    3.  If a person is arrested and it is later
     1 43 determined by a court or jury that the person was
     1 44 justified in using reasonable force under the
     1 45 circumstances, the person shall be awarded reasonable
     1 46 attorney fees, court costs, compensation for loss of
     1 47 any income, and reimbursement of any other expenses
     1 48 incurred as a result of being arrested and charged.>
     1 49 #2.  Title page, by striking lines 1 and 2 and
     1 50 inserting the following:  <An Act relating to the
     2  1 carrying of weapons and the use of reasonable force
     2  2 and providing an effective date.>
     2  3
     2  4
     2  5                               
     2  6 SORENSON of Warren
     2  7 HF 746.701 83
     2  8 rh/rj/22088

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