House File 517 H-1157 Amend the amendment, H-1152, to House File 517 as 1 follows: 2 1. By striking page 1, line 2, through page 2, line 3 10, and inserting 4 < ___. By striking page 15, line 28, through page 5 18, line 12, and inserting: 6 < Sec. ___. Section 704.1, Code 2017, is amended by 7 striking the section and inserting in lieu thereof the 8 following: 9 704.1 Reasonable force. 10 As used in this chapter, “reasonable force” is that 11 force and no more which a reasonable person, in similar 12 circumstances, would judge to be necessary to prevent 13 an injury to oneself or another person, or to prevent 14 the loss of, or damage to, real or personal property 15 belonging to oneself or another person. 16 Sec. ___. Section 704.2, Code 2017, is amended by 17 striking the section and inserting in lieu thereof the 18 following: 19 704.2 Legal immunity. 20 A person who is justified in using reasonable force 21 against an aggressor in defense of oneself, another 22 person, or property is immune from criminal or civil 23 liability for all damages incurred by the aggressor 24 pursuant to the application of reasonable force. 25 Sec. ___. Section 704.3, Code 2017, is amended by 26 striking the section and inserting in lieu thereof the 27 following: 28 704.3 Defense of self or others. 29 A person is justified in the use of reasonable 30 force, including deadly force, when the person 31 reasonably believes that such force is necessary for 32 either of the following purposes: 33 1. To prevent the imminent use of unlawful force 34 against oneself or another person. 35 -1- H1152.1206 (2) 87 jm/rj 1/ 5 #1.

2. To defend oneself or another person against the 1 present use of unlawful force. 2 Sec. ___. Section 704.4, Code 2017, is amended by 3 striking the section and inserting in lieu thereof the 4 following: 5 704.4 Deadly force. 6 As used in this section, the term “deadly force” 7 means either of the following: 8 1. Force used for the purpose of causing death. 9 2. Force which the user knows or reasonably should 10 know will create a strong probability that death will 11 result. 12 Sec. ___. Section 704.5, Code 2017, is amended by 13 striking the section and inserting in lieu thereof the 14 following: 15 704.5 Defense of property. 16 1. A person is justified in the use of reasonable 17 force to prevent or terminate criminal interference 18 with the person’s real or personal property, or to aid 19 another in the lawful defense of the other person’s 20 real or personal property. 21 2. For purposes of this section, reasonable force 22 does not include deadly force. 23 Sec. ___. Section 704.6, Code 2017, is amended by 24 striking the section and inserting in lieu thereof the 25 following: 26 704.6 No duty to retreat. 27 A person has no duty to retreat before using 28 reasonable force in the justified defense of self, 29 others, or property unless doing so entails no risk to 30 the safety of the person or others, and doing so does 31 not require the person to abandon or retreat from the 32 person’s dwelling and appurtenance thereto or from the 33 person’s business or place of employment. 34 Sec. ___. Section 704.7, Code 2017, is amended by 35 -2- H1152.1206 (2) 87 jm/rj 2/ 5

striking the section and inserting in lieu thereof the 1 following: 2 704.7 When defense is not available. 3 The defense of justification is not available to the 4 following: 5 1. A person who is participating in a forcible 6 felony, riot, or duel. 7 2. A person who provokes the use of force against 8 oneself with the intent to use such use of force as an 9 excuse to inflict injury on the assailant. 10 3. One who initially provokes the use of force 11 against oneself by one’s unlawful acts, except under 12 the following circumstances: 13 a. Such force is grossly disproportionate to the 14 provocation. 15 b. The person withdraws from physical contact with 16 the other and indicates clearly to the other that the 17 person desires to terminate the conflict but the other 18 continues or resumes the use of force. >> 19 ___. Page 21, after line 14 by inserting: 20 < DIVISION ___ 21 MISCELLANEOUS PROVISIONS 22 Sec. ___. NEW SECTION . 148.15 Death. 23 A physician or a person acting on the direct orders 24 of a physician who ceases to provide medical attention 25 to a person who is dead, as death is defined in 26 section 702.8, shall not be criminally liable for such 27 cessation of medical attention. 28 Sec. ___. NEW SECTION . 704A.1 Compulsion. 29 An act, other than an act by which one intentionally 30 or recklessly causes physical injury to another, shall 31 not be a public offense if the person so acting is 32 compelled to do so by another’s threat or menace of 33 serious injury, provided that the person reasonably 34 believes that such injury is imminent and can be 35 -3- H1152.1206 (2) 87 jm/rj 3/ 5

averted only by the person doing such act. 1 Sec. ___. NEW SECTION . 804.32 Escape from place 2 of confinement. 3 A correctional officer or peace officer is justified 4 in using reasonable force, including deadly force, 5 which is necessary to prevent the escape of any 6 person from any jail, penal institution, correctional 7 facility, or similar place of confinement, or place 8 of trial or other judicial proceeding, or to prevent 9 the escape from custody of any person who is being 10 transported from any such place of confinement, trial 11 or judicial proceeding to any other such place, except 12 that deadly force, as defined in section 704.4, may 13 not be used to prevent the escape of one who the 14 correctional officer or peace officer knows is confined 15 on a charge or conviction of any class of misdemeanor. 16 Sec. ___. NEW SECTION . 804.33 Police activity. 17 1. A peace officer or person acting as an agent 18 of or directed by any police agency who participates 19 in the commission of a crime by another person solely 20 for the purpose of gathering evidence leading to the 21 prosecution of such other person shall not be guilty of 22 that crime or of the crime of solicitation as set forth 23 in section 705.1, provided that all of the following 24 are true: 25 a. The officer or person is not an instigator of 26 the criminal activity. 27 b. The officer or person does not intentionally 28 injure a nonparticipant in the crime. 29 c. The officer or person acts with the consent 30 of superiors, or the necessity of immediate action 31 precludes obtaining such consent. 32 d. The officer’s or person’s actions are reasonable 33 under the circumstances. 34 2. This section is not intended to preclude the 35 -4- H1152.1206 (2) 87 jm/rj 4/ 5

use of undercover or surveillance persons by law 1 enforcement agencies in appropriate circumstances and 2 manner. It is intended to discourage such activity to 3 tempt, urge, or persuade the commission of offenses by 4 persons not already disposed to commit offenses of that 5 kind. 6 Sec. ___. NEW SECTION . 804.34 Use of force in 7 making an arrest. 8 A peace officer or other person making an arrest 9 or securing an arrested person may use such force as 10 is permitted by sections 804.8, 804.10, 804.13, and 11 804.15. 12 Sec. ___. REPEAL. Sections 704.8, 704.9, 704.10, 13 704.11, and 704.12, Code 2017, are repealed. >> 14 ______________________________ WOLFE of Clinton -5- H1152.1206 (2) 87 jm/rj 5/ 5