Senate File 427 S-3087 Amend Senate File 427 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 704.1, Code 2015, is amended to 3 read as follows: 4 704.1 Reasonable force. 5 1. “Reasonable force” is means that force and no 6 more which a reasonable person, in like circumstances, 7 would judge to be necessary to prevent an injury or 8 loss and can include deadly force if it is reasonable 9 to believe that such force is necessary to avoid injury 10 or risk to one’s life or safety or the life or safety 11 of another, or it is reasonable to believe that such 12 force is necessary to resist a like force or threat. 13 2. Reasonable force, including deadly force, may 14 be used even if an alternative course of action is 15 available if the alternative entails a risk to life 16 or safety, or the life or safety of a third party , or 17 requires one to abandon or retreat from one’s dwelling 18 or place of business or employment . 19 3. A person may be wrong in the estimation of the 20 danger or the force necessary to repel the danger as 21 long as there is a reasonable basis for the belief 22 of the person and the person acts reasonably in the 23 response to that belief. 24 4. A person who is not engaged in illegal activity 25 has no duty to retreat from any place where the person 26 is lawfully present before using force as specified in 27 this chapter. A finder of fact shall not be permitted 28 to consider the possibility of retreat as a factor in 29 determining whether or not a person who used force 30 reasonably believed that the force was necessary to 31 prevent injury, loss, or risk to life or safety. 32 Sec. ___. Section 704.2, Code 2015, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 1A. A threat to cause serious 35 injury or death, by the production, display, or 36 brandishing of a deadly weapon, is not deadly force, 37 as long as the actions of the person are limited to 38 creating an expectation that the person may use deadly 39 force to defend oneself, another, or as otherwise 40 authorized by law. 41 Sec. ___. NEW SECTION . 704.2A Justifiable use of 42 deadly force. 43 1. For purposes of this chapter, a person is 44 presumed to reasonably believe that deadly force is 45 necessary to avoid injury or risk to one’s life or 46 safety or the life or safety of another in either of 47 the following circumstances: 48 a. The person against whom force is used, at the 49 time the force is used, is doing any of the following: 50 -1- SF427.1270 (5) 86 jm/rj 1/ 5 #1.

(1) Unlawfully entering by force or stealth, or 1 has unlawfully entered by force or stealth and remains 2 within the dwelling, place of business or employment, 3 or occupied vehicle of the person using force. 4 (2) Unlawfully removing or is attempting to 5 unlawfully remove another person against the other 6 person’s will from the dwelling, place of business or 7 employment, or occupied vehicle of the person using 8 force. 9 b. The person using force knows or has reason 10 to believe that any of the conditions set forth in 11 paragraph “a” are occurring or have occurred. 12 2. The presumption set forth in subsection 1 does 13 not apply if, at the time force is used, any of the 14 following circumstances are present: 15 a. The person using defensive force is engaged 16 in a criminal offense, is attempting to escape from 17 the scene of a criminal offense that the person has 18 committed, or is using the dwelling, place of business 19 or employment, or occupied vehicle to further a 20 criminal offense. 21 b. The person sought to be removed is a child or 22 grandchild or is otherwise in the lawful custody or 23 under the lawful guardianship of the person against 24 whom force is used. 25 c. The person against whom force is used is a 26 peace officer who has entered or is attempting to 27 enter a dwelling, place of business or employment, or 28 occupied vehicle in the lawful performance of the peace 29 officer’s official duties, and the person using force 30 knows or reasonably should know that the person who has 31 entered or is attempting to enter is a peace officer. 32 d. The person against whom the force is used has 33 the right to be in, or is a lawful resident of, the 34 dwelling, place of business or employment, or occupied 35 vehicle of the person using force, and a protective or 36 no-contact order is not in effect against the person 37 against whom the force is used. 38 Sec. ___. Section 704.3, Code 2015, is amended to 39 read as follows: 40 704.3 Defense of self or another. 41 A person is justified in the use of reasonable force 42 when the person reasonably believes that such force is 43 necessary to defend oneself or another from any actual 44 or imminent use of unlawful force. 45 Sec. ___. NEW SECTION . 704.4A Immunity for 46 justifiable use of force. 47 1. As used in this section, “criminal prosecution” 48 means arrest, detention, charging, or prosecution. 49 2. A person who uses reasonable force pursuant 50 -2- SF427.1270 (5) 86 jm/rj 2/ 5

to this chapter shall be immune from any criminal 1 prosecution or civil action for using such force. 2 3. A law enforcement agency may use standard 3 investigating procedures for investigating the use of 4 force, but the law enforcement agency shall not arrest 5 a person for using force unless the law enforcement 6 agency determines there is probable cause that the 7 force was unlawful under this chapter. 8 4. The court shall award reasonable attorney fees, 9 court costs, compensation for loss of income, and all 10 expenses incurred by the defendant in defense of any 11 civil action brought by the plaintiff if the court 12 finds that the defendant is immune from prosecution as 13 provided in subsection 2. 14 Sec. ___. Section 704.7, Code 2015, is amended to 15 read as follows: 16 704.7 Resisting forcible violent felony. 17 1. As used in this section, “violent felony” means 18 any felonious sexual abuse involving compulsion or 19 the use of a weapon or any felonious assault, murder, 20 kidnapping, robbery, arson, or burglary. 21 2. A person who knows reasonably believes that a 22 forcible violent felony is being or will imminently 23 be perpetrated is justified in using , against the 24 perpetrator, reasonable force, including deadly force , 25 against the perpetrator or perpetrators to prevent the 26 completion of or terminate the perpetration of that 27 felony. > 28 2. Page 3, after line 8 by inserting: 29 < Sec. ___. REPEAL. Section 707.6, Code 2015, is 30 repealed. > 31 3. Title page, line 2, after < suppressors, > by 32 inserting < justifiable use of reasonable force, > 33 4. By renumbering as necessary. 34 ______________________________ BILL ANDERSON ______________________________ JERRY BEHN ______________________________ RICK BERTRAND ______________________________ MICHAEL BREITBACH -3- SF427.1270 (5) 86 jm/rj 3/ 5 #2. #3. #4.

______________________________ JAKE CHAPMAN ______________________________ MARK CHELGREN ______________________________ MARK COSTELLO ______________________________ BILL DIX ______________________________ RANDY FEENSTRA ______________________________ JULIAN GARRETT ______________________________ DENNIS GUTH ______________________________ DAVID JOHNSON ______________________________ TIM L. KAPUCIAN ______________________________ TIM KRAAYENBRINK ______________________________ KEN ROZENBOOM ______________________________ CHARLES SCHNEIDER ______________________________ JASON SCHULTZ -4- SF427.1270 (5) 86 jm/rj 4/ 5

______________________________ MARK SEGEBART ______________________________ TOM SHIPLEY ______________________________ AMY SINCLAIR ______________________________ ROBY SMITH ______________________________ JACK WHITVER ______________________________ BRAD ZAUN ______________________________ DAN ZUMBACH -5- SF427.1270 (5) 86 jm/rj 5/ 5