House File 517 H-1146 Amend House File 517 as follows: 1 1. By striking page 15, line 28, through page 18, 2 line 12, and inserting: 3 < Sec. ___. Section 704.1, Code 2017, is amended by 4 striking the section and inserting in lieu thereof the 5 following: 6 704.1 Reasonable force. 7 As used in this chapter, “reasonable force” is that 8 force and no more which a reasonable person, in similar 9 circumstances, would judge to be necessary to prevent 10 an injury to oneself or another person, or to prevent 11 the loss of, or damage to, real or personal property 12 belonging to oneself or another person. 13 Sec. ___. Section 704.2, Code 2017, is amended by 14 striking the section and inserting in lieu thereof the 15 following: 16 704.2 Legal immunity. 17 A person who is justified in using reasonable force 18 against an aggressor in defense of oneself, another 19 person, or property is immune from criminal or civil 20 liability for all damages incurred by the aggressor 21 pursuant to the application of reasonable force. 22 Sec. ___. Section 704.3, Code 2017, is amended by 23 striking the section and inserting in lieu thereof the 24 following: 25 704.3 Defense of self or others. 26 A person is justified in the use of reasonable 27 force, including deadly force, when the person 28 reasonably believes that such force is necessary for 29 either of the following purposes: 30 1. To prevent the imminent use of unlawful force 31 against oneself or another person. 32 2. To defend oneself or another person against the 33 present use of unlawful force. 34 Sec. ___. Section 704.4, Code 2017, is amended by 35 -1- HF517.1179 (1) 87 jm/rh 1/ 5 #1.

striking the section and inserting in lieu thereof the 1 following: 2 704.4 Deadly force. 3 As used in this section, the term “deadly force” 4 means either of the following: 5 1. Force used for the purpose of causing death. 6 2. Force which the user knows or reasonably should 7 know will create a strong probability that death will 8 result. 9 Sec. ___. Section 704.5, Code 2017, is amended by 10 striking the section and inserting in lieu thereof the 11 following: 12 704.5 Defense of property. 13 1. A person is justified in the use of reasonable 14 force to prevent or terminate criminal interference 15 with the person’s real or personal property, or to aid 16 another in the lawful defense of the other person’s 17 real or personal property. 18 2. For purposes of this section, reasonable force 19 does not include deadly force. 20 Sec. ___. Section 704.6, Code 2017, is amended by 21 striking the section and inserting in lieu thereof the 22 following: 23 704.6 No duty to retreat. 24 A person has no duty to retreat before using 25 reasonable force in the justified defense of self, 26 others, or property unless doing so entails no risk to 27 the safety of the person or others, and doing so does 28 not require the person to abandon or retreat from the 29 person’s dwelling and appurtenance thereto or from the 30 person’s business or place of employment. 31 Sec. ___. Section 704.7, Code 2017, is amended by 32 striking the section and inserting in lieu thereof the 33 following: 34 704.7 When defense is not available. 35 -2- HF517.1179 (1) 87 jm/rh 2/ 5

The defense of justification is not available to the 1 following: 2 1. A person who is participating in a forcible 3 felony, riot, or duel. 4 2. A person who provokes the use of force against 5 oneself with the intent to use such use of force as an 6 excuse to inflict injury on the assailant. 7 3. One who initially provokes the use of force 8 against oneself by one’s unlawful acts, except under 9 the following circumstances: 10 a. Such force is grossly disproportionate to the 11 provocation. 12 b. The person withdraws from physical contact with 13 the other and indicates clearly to the other that the 14 person desires to terminate the conflict but the other 15 continues or resumes the use of force. > 16 2. Page 21, after line 14 by inserting: 17 < DIVISION ___ 18 MISCELLANEOUS PROVISIONS 19 Sec. ___. NEW SECTION . 148.15 Death. 20 A physician or a person acting on the direct orders 21 of a physician who ceases to provide medical attention 22 to a person who is dead, as death is defined in 23 section 702.8, shall not be criminally liable for such 24 cessation of medical attention. 25 Sec. ___. NEW SECTION . 704A.1 Compulsion. 26 An act, other than an act by which one intentionally 27 or recklessly causes physical injury to another, shall 28 not be a public offense if the person so acting is 29 compelled to do so by another’s threat or menace of 30 serious injury, provided that the person reasonably 31 believes that such injury is imminent and can be 32 averted only by the person doing such act. 33 Sec. ___. NEW SECTION . 804.32 Escape from place 34 of confinement. 35 -3- HF517.1179 (1) 87 jm/rh 3/ 5 #2.

A correctional officer or peace officer is justified 1 in using reasonable force, including deadly force, 2 which is necessary to prevent the escape of any 3 person from any jail, penal institution, correctional 4 facility, or similar place of confinement, or place 5 of trial or other judicial proceeding, or to prevent 6 the escape from custody of any person who is being 7 transported from any such place of confinement, trial 8 or judicial proceeding to any other such place, except 9 that deadly force, as defined in section 704.4, may 10 not be used to prevent the escape of one who the 11 correctional officer or peace officer knows is confined 12 on a charge or conviction of any class of misdemeanor. 13 Sec. ___. NEW SECTION . 804.33 Police activity. 14 1. A peace officer or person acting as an agent 15 of or directed by any police agency who participates 16 in the commission of a crime by another person solely 17 for the purpose of gathering evidence leading to the 18 prosecution of such other person shall not be guilty of 19 that crime or of the crime of solicitation as set forth 20 in section 705.1, provided that all of the following 21 are true: 22 a. The officer or person is not an instigator of 23 the criminal activity. 24 b. The officer or person does not intentionally 25 injure a nonparticipant in the crime. 26 c. The officer or person acts with the consent 27 of superiors, or the necessity of immediate action 28 precludes obtaining such consent. 29 d. The officer’s or person’s actions are reasonable 30 under the circumstances. 31 2. This section is not intended to preclude the 32 use of undercover or surveillance persons by law 33 enforcement agencies in appropriate circumstances and 34 manner. It is intended to discourage such activity to 35 -4- HF517.1179 (1) 87 jm/rh 4/ 5

tempt, urge, or persuade the commission of offenses by 1 persons not already disposed to commit offenses of that 2 kind. 3 Sec. ___. NEW SECTION . 804.34 Use of force in 4 making an arrest. 5 A peace officer or other person making an arrest 6 or securing an arrested person may use such force as 7 is permitted by sections 804.8, 804.10, 804.13, and 8 804.15. 9 Sec. ___. REPEAL. Sections 704.8, 704.9, 704.10, 10 704.11, and 704.12, Code 2017, are repealed. > 11 3. By renumbering as necessary. 12 ______________________________ WOLFE of Clinton -5- HF517.1179 (1) 87 jm/rh 5/ 5 #3.