House File 2465 S-5252 Amend the amendment, S-5236, to House File 2465, 1 as amended, passed, and reprinted by the House, as 2 follows: 3 1. Page 54, after line 23 by inserting: 4 < DIVISION ___ 5 USE OF FORCE 6 Sec. ___. Section 704.1, Code 2011, is amended to 7 read as follows: 8 704.1 Reasonable force. 9 1. “Reasonable force” is means that force and no 10 more which a reasonable person, in like circumstances, 11 would judge to be necessary to prevent an injury or 12 loss and can include deadly force if it is reasonable 13 to believe that such force is necessary to avoid injury 14 or risk to one’s life or safety or the life or safety 15 of another, or it is reasonable to believe that such 16 force is necessary to resist a like force or threat. 17 2. Reasonable force, including deadly force, may 18 be used even if an alternative course of action is 19 available if the alternative entails a risk to life 20 or safety, or the life or safety of a third party , or 21 requires one to abandon or retreat from one’s dwelling 22 or place of business or employment . 23 3. A person may be wrong in the estimation of the 24 danger or the force necessary to repel the danger as 25 long as there is a reasonable basis for the belief 26 of the person and the person acts reasonably in the 27 response to that belief. 28 4. A person who is not engaged in illegal activity 29 has no duty to retreat from any place where the person 30 is lawfully present before using force as specified in 31 this chapter. A finder of fact shall not be permitted 32 to consider the possibility of retreat as a factor in 33 determining whether or not a person who used force 34 reasonably believed that the force was necessary to 35 prevent injury, loss, or risk to life or safety. 36 Sec. ___. Section 704.2, Code 2011, is amended by 37 adding the following new unnumbered paragraph: 38 NEW UNNUMBERED PARAGRAPH . A threat to cause serious 39 injury or death, by the production, display, or 40 brandishing of a deadly weapon, is not deadly force, 41 as long as the actions of the person are limited to 42 creating an expectation that the person may use deadly 43 force to defend oneself, another, or as otherwise 44 authorized by law. 45 Sec. ___. NEW SECTION . 704.2A Justifiable use of 46 deadly force. 47 1. For purposes of this chapter, a person is 48 presumed to reasonably believe that deadly force is 49 necessary to avoid injury or risk to one’s life or 50 -1- S5236.6092 (3) 84 jm/tm 1/ 4 #1.

safety or the life or safety of another in either of 1 the following circumstances: 2 a. The person against whom force is used, at the 3 time the force is used, is doing any of the following: 4 (1) Unlawfully entering by force or stealth, or 5 has unlawfully entered by force or stealth and remains 6 within the dwelling, place of business or employment, 7 or occupied vehicle of the person using force. 8 (2) Unlawfully removing or is attempting to 9 unlawfully remove another person against the other 10 person’s will from the dwelling, place of business or 11 employment, or occupied vehicle of the person using 12 force. 13 b. The person using force knows or has reason 14 to believe that any of the conditions set forth in 15 paragraph “a” are occurring or have occurred. 16 2. The presumption set forth in subsection 1 does 17 not apply if, at the time force is used, any of the 18 following circumstances are present: 19 a. The person using defensive force is engaged 20 in a criminal offense, is attempting to escape from 21 the scene of a criminal offense that the person has 22 committed, or is using the dwelling, place of business 23 or employment, or occupied vehicle to further a 24 criminal offense. 25 b. The person sought to be removed is a child or 26 grandchild or is otherwise in the lawful custody or 27 under the lawful guardianship of the person against 28 whom force is used. 29 c. The person against whom force is used is a 30 peace officer who has entered or is attempting to 31 enter a dwelling, place of business or employment, or 32 occupied vehicle in the lawful performance of the peace 33 officer’s official duties, and the person using force 34 knows or reasonably should know that the person who has 35 entered or is attempting to enter is a peace officer. 36 d. The person against whom the force is used has 37 the right to be in, or is a lawful resident of, the 38 dwelling, place of business or employment, or occupied 39 vehicle of the person using force, and a protective or 40 no-contact order is not in effect against the person 41 against whom the force is used. 42 Sec. ___. Section 704.3, Code 2011, is amended to 43 read as follows: 44 704.3 Defense of self or another. 45 A person is justified in the use of reasonable force 46 when the person reasonably believes that such force is 47 necessary to defend oneself or another from any actual 48 or imminent use of unlawful force. 49 Sec. ___. NEW SECTION . 704.4A Immunity for 50 -2- S5236.6092 (3) 84 jm/tm 2/ 4

justifiable use of force. 1 1. As used in this section, “criminal prosecution” 2 means arrest, detention, charging, or prosecution. 3 2. A person who uses reasonable force pursuant 4 to this chapter shall be immune from any criminal 5 prosecution or civil action for using such force. 6 3. A law enforcement agency may use standard 7 investigating procedures for investigating the use of 8 force, but the law enforcement agency shall not arrest 9 a person for using force unless the law enforcement 10 agency determines there is probable cause that the 11 force was unlawful under this chapter. 12 4. The court shall award reasonable attorney fees, 13 court costs, compensation for loss of income, and all 14 expenses incurred by the defendant in defense of any 15 civil action brought by the plaintiff if the court 16 finds that the defendant is immune from prosecution as 17 provided in subsection 2. 18 Sec. ___. Section 704.7, Code 2011, is amended to 19 read as follows: 20 704.7 Resisting forcible violent felony. 21 1. As used in this section, “violent felony” means 22 any felonious sexual abuse involving compulsion or 23 the use of a weapon or any felonious assault, murder, 24 kidnapping, robbery, arson, or burglary. 25 2. A person who knows reasonably believes that a 26 forcible violent felony is being or will imminently 27 be perpetrated is justified in using, against the 28 perpetrator, reasonable force, including deadly force 29 against the perpetrator or perpetrators, to prevent the 30 completion of or terminate the perpetration of that 31 felony. 32 Sec. ___. REPEAL. Section 707.6, Code 2011, is 33 repealed. > 34 2. By renumbering as necessary. 35 ______________________________ KENT SORENSON ______________________________ RICK BERTRAND ______________________________ JERRY BEHN -3- S5236.6092 (3) 84 jm/tm 3/ 4 #2.

______________________________ BILL ANDERSON ______________________________ SANDRA H. GREINER ______________________________ NANCY J. BOETTGER ______________________________ JAMES F. HAHN ______________________________ RANDY FEENSTRA ______________________________ BRAD ZAUN ______________________________ TIM KAPUCIAN ______________________________ PAT WARD -4- S5236.6092 (3) 84 jm/tm 4/ 4