H-1146

   Amend House File 517 as follows:
   1.  By striking page 15, line 28, through page 18, line 12, and inserting: 
   <Sec. ___.  Section 704.1, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   704.1  Reasonable force.
   As used in this chapter, “reasonable force” is that force and no more which a reasonable person, in similar circumstances, would judge to be necessary to prevent an injury to oneself or another person, or to prevent the loss of, or damage to, real or personal property belonging to oneself or another person.
   Sec. ___.  Section 704.2, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   704.2  Legal immunity.
   A person who is justified in using reasonable force against an aggressor in defense of oneself, another person, or property is immune from criminal or civil liability for all damages incurred by the aggressor pursuant to the application of reasonable force.
   Sec. ___.  Section 704.3, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   704.3  Defense of self or others.
   A person is justified in the use of reasonable force, including deadly force, when the person reasonably believes that such force is necessary for either of the following purposes:
   1.  To prevent the imminent use of unlawful force against oneself or another person.
   2.  To defend oneself or another person against the present use of unlawful force.
   Sec. ___.  Section 704.4, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   704.4  Deadly force.
   As used in this section, the term “deadly force” means either of the following:
   1.  Force used for the purpose of causing death.
   2.  Force which the user knows or reasonably should know will create a strong probability that death will result.
   Sec. ___.  Section 704.5, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   704.5  Defense of property.
   1.  A person is justified in the use of reasonable force to prevent or terminate criminal interference with the person’s real or personal property, or to aid another in the lawful defense of the other person’s real or personal property.
   2.  For purposes of this section, reasonable force does not include deadly force.
   Sec. ___.  Section 704.6, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   704.6  No duty to retreat.
   A person has no duty to retreat before using reasonable force in the justified defense of self, others, or property unless doing so entails no risk to the safety of the person or others, and doing so does not require the person to abandon or retreat from the person’s dwelling and appurtenance thereto or from the person’s business or place of employment.
   Sec. ___.  Section 704.7, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   704.7  When defense is not available.
   The defense of justification is not available to the following:
   1.  A person who is participating in a forcible felony, riot, or duel.
   2.  A person who provokes the use of force against oneself with the intent to use such use of force as an excuse to inflict injury on the assailant.
   3.  One who initially provokes the use of force against oneself by one’s unlawful acts, except under the following circumstances:
   a.  Such force is grossly disproportionate to the provocation.
   b.  The person withdraws from physical contact with the other and indicates clearly to the other that the person desires to terminate the conflict but the other continues or resumes the use of force.>
   2.  Page 21, after line 14 by inserting: 
<DIVISION ___
MISCELLANEOUS PROVISIONS

   Sec. ___.  NEW SECTION.  148.15  Death.
   A physician or a person acting on the direct orders of a physician who ceases to provide medical attention to a person who is dead, as death is defined in section 702.8, shall not be criminally liable for such cessation of medical attention.
   Sec. ___.  NEW SECTION.  704A.1  Compulsion.
   An act, other than an act by which one intentionally or recklessly causes physical injury to another, shall not be a public offense if the person so acting is compelled to do so by another’s threat or menace of serious injury, provided that the person reasonably believes that such injury is imminent and can be averted only by the person doing such act.
   Sec. ___.  NEW SECTION.  804.32  Escape from place of confinement.
   A correctional officer or peace officer is justified in using reasonable force, including deadly force, which is necessary to prevent the escape of any person from any jail, penal institution, correctional facility, or similar place of confinement, or place of trial or other judicial proceeding, or to prevent the escape from custody of any person who is being transported from any such place of confinement, trial or judicial proceeding to any other such place, except that deadly force, as defined in section 704.4, may not be used to prevent the escape of one who the correctional officer or peace officer knows is confined on a charge or conviction of any class of misdemeanor.
   Sec. ___.  NEW SECTION.  804.33  Police activity.
   1.  A peace officer or person acting as an agent of or directed by any police agency who participates in the commission of a crime by another person solely for the purpose of gathering evidence leading to the prosecution of such other person shall not be guilty of that crime or of the crime of solicitation as set forth in section 705.1, provided that all of the following are true:
   a.  The officer or person is not an instigator of the criminal activity.
   b.  The officer or person does not intentionally injure a nonparticipant in the crime.
   c.  The officer or person acts with the consent of superiors, or the necessity of immediate action precludes obtaining such consent.
   d.  The officer’s or person’s actions are reasonable under the circumstances.
   2.  This section is not intended to preclude the use of undercover or surveillance persons by law enforcement agencies in appropriate circumstances and manner. It is intended to discourage such activity to tempt, urge, or persuade the commission of offenses by persons not already disposed to commit offenses of that kind.
   Sec. ___.  NEW SECTION.  804.34  Use of force in making an arrest.
   A peace officer or other person making an arrest or securing an arrested person may use such force as is permitted by sections 804.8, 804.10, 804.13, and 804.15.
   Sec. ___.  REPEAL.  Sections 704.8, 704.9, 704.10, 704.11, and 704.12, Code 2017, are repealed.>
   3.  By renumbering as necessary.

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WOLFE of Clinton