H.F. 573 Section 1. Section 704.1, Code 2011, is amended to read as 1 follows: 2 704.1 Reasonable force. 3 1. “Reasonable force” is means that force and no more which 4 a reasonable person, in like circumstances, would judge to 5 be necessary to prevent an injury or loss and can include 6 deadly force if it is reasonable to believe that such force is 7 necessary to avoid injury or risk to one’s life or safety or 8 the life or safety of another, or it is reasonable to believe 9 that such force is necessary to resist a like force or threat. 10 2. Reasonable force, including deadly force, may be used 11 even if an alternative course of action is available if the 12 alternative entails a risk to life or safety, or the life or 13 safety of a third party, or requires one to abandon or retreat 14 from one’s dwelling or place of business or employment , and 15 a person has no duty to retreat from any place where one is 16 lawfully present, and has the right to stand the person’s 17 ground, and meet force with force, if the person believes 18 reasonable force, including deadly force, is necessary under 19 the circumstances to prevent death or serious injury to oneself 20 or a third party, or to prevent the commission of a violent 21 felony . 22 3. A person may be wrong in the estimation of the danger or 23 the force necessary to repel the danger as long as there is a 24 reasonable basis for the belief of the person and the person 25 acts reasonably in the response to that belief. 26 Sec. 2. Section 704.2, Code 2011, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 5. A threat to cause serious injury or 29 death, by the production or brandishing of a deadly weapon, 30 is not deadly force, as long as the actions of the person are 31 objectively reasonable and limited to creating an expectation 32 that the person may use deadly force to defend oneself, 33 another, or as otherwise authorized by law. 34 Sec. 3. NEW SECTION . 704.2A Justifiable use of deadly force 35 -1- LSB 1456HV (3) 84 jm/rj 1/ 7

H.F. 573 —— presumption. 1 1. For purposes of this chapter, a person is presumed 2 reasonably to believe that deadly force is necessary to avoid 3 injury or risk to one’s life or safety or the life or safety of 4 another if: 5 a. The person against whom force is used, at the time the 6 force is used, is doing any of the following: 7 (1) Unlawfully and forcefully entering, or has unlawfully 8 or forcefully entered and is present, within the dwelling, 9 place of business or employment, or occupied vehicle of the 10 person using force. 11 (2) Attempting to remove or has removed another person 12 against the other person’s will from the dwelling, place of 13 business or employment, or occupied vehicle of the person using 14 force. 15 b. The person using force knows or has reason to believe 16 that any of the conditions set forth in paragraph “a” are 17 occurring or have occurred. 18 2. The presumption set forth in this subsection does not 19 apply if, at the time force is used: 20 a. The person against whom the force is used is a lawful 21 resident of the dwelling, or has a right to be in the place of 22 business, employment, or occupied vehicle of the person using 23 force, and a protective or no contact order is not in effect 24 against the person against whom force is used. 25 b. The person sought to be removed is a child or grandchild 26 or is in the lawful custody or under the lawful guardianship of 27 the person against whom force is used. 28 c. The person using defensive force is engaged in or 29 attempting to escape from a crime or is using a dwelling, place 30 of business or employment, or occupied vehicle to further a 31 crime. 32 d. The person against whom force is used is a peace officer 33 who has entered or is attempting to enter a dwelling, place 34 of business or employment, or occupied vehicle in the lawful 35 -2- LSB 1456HV (3) 84 jm/rj 2/ 7

H.F. 573 performance of the peace officer’s official duties, and the 1 person using force knows or reasonably should know that the 2 person who has entered or is attempting to enter is a peace 3 officer. 4 3. A person who is unlawfully and forcefully entering, or 5 has unlawfully or forcefully entered and is present within the 6 dwelling, place of business or employment, or occupied vehicle 7 of another is presumed to present an imminent risk of unlawful 8 deadly force to any persons lawfully present in the dwelling, 9 place of business or employment, or occupied vehicle. 10 Sec. 4. Section 704.3, Code 2011, is amended to read as 11 follows: 12 704.3 Defense of self or another. 13 A person is justified in the use of reasonable force when 14 the person reasonably believes that such force is necessary to 15 defend oneself or another from any actual or imminent use of 16 unlawful force. 17 Sec. 5. NEW SECTION . 704.4A Immunity. 18 1. As used in this section, “criminal prosecution” means 19 arrest, detention, charging, or prosecution. 20 2. A person who uses reasonable force shall be immune from 21 criminal prosecution or civil action for using such force, 22 unless the person against whom such force is used is a peace 23 officer acting within the scope of the officer’s duties and the 24 peace officer discloses the officer’s identity, or the person 25 knows or reasonably should know that the person is a peace 26 officer, or the peace officer is involved in an undercover 27 investigation. 28 3. A law enforcement agency may use standard investigating 29 procedures for investigating the use of force, but the law 30 enforcement agency shall not arrest a person for using force 31 unless the law enforcement agency determines there is probable 32 cause that the force was unlawful under this chapter. 33 4. The court shall award reasonable attorney fees, court 34 costs, compensation for loss of income, and all expenses 35 -3- LSB 1456HV (3) 84 jm/rj 3/ 7

H.F. 573 incurred by the defendant in defense of any civil action 1 brought by the plaintiff if the court finds that the defendant 2 is immune from prosecution as provided in subsection 2. 3 Sec. 6. Section 704.7, Code 2011, is amended to read as 4 follows: 5 704.7 Resisting forcible violent felony. 6 1. As used in this section, “violent felony” means any 7 felonious assault, murder, violent or forced sexual abuse, 8 kidnapping, robbery, arson, or burglary. 9 2. A person who knows reasonably believes that a forcible 10 violent felony is being or imminently will be perpetrated is 11 justified in using, against the perpetrator, reasonable force , 12 including deadly force, to prevent or terminate the completion 13 of that perpetration of the violent felony. 14 EXPLANATION 15 This bill relates to the justifiable use of reasonable 16 force. 17 The bill provides that a person may use reasonable force, 18 including deadly force, and a person has no duty to retreat 19 from any place at which the person is lawfully present, and 20 has a right to stand the person’s ground, and meet force with 21 force, if the person believes reasonable force, including 22 deadly force, is necessary under the circumstances to prevent 23 death or serious injury to oneself or a third party, or to 24 prevent the commission of a violent felony. 25 The bill provides that a person may be wrong in the 26 estimation of the danger or the force necessary to repel the 27 danger as long as there is a reasonable basis for the belief 28 and the person acts reasonably in the response to that belief. 29 Current law provides that a person may use reasonable force, 30 including deadly force, even if an alternative course of action 31 is available if the alternative entails a risk of life or 32 safety, or the life or safety of a third party, or requires one 33 to abandon or retreat from one’s residence or place of business 34 or employment. 35 -4- LSB 1456HV (3) 84 jm/rj 4/ 7

H.F. 573 The bill provides that a threat to cause serious injury or 1 death by the production or brandishing of a deadly weapon, is 2 not deadly force, as long as the actions of the person are 3 objectively reasonable and limited to creating an expectation 4 that the person may use deadly force to defend oneself, 5 another, or as otherwise authorized by law. 6 The bill creates presumptions for the justifiable use of 7 deadly force in certain circumstances. 8 Under the bill, a person is presumed to be justified in 9 using deadly force if the person reasonably believes that 10 deadly force is necessary to avoid injury or risk to one’s 11 life or safety or the life or safety of another under the 12 following circumstances: the person against whom force is used 13 is unlawfully and forcefully entering, or has unlawfully or 14 forcefully entered and is present within a dwelling, place of 15 business or employment, or occupied vehicle of the person using 16 force; or the person against whom force is used is removing or 17 attempting to remove another person against the other person’s 18 will from a dwelling, place of business or employment, or 19 occupied vehicle of the person using force. In addition, the 20 person using force must know or have reason to believe that the 21 aforementioned circumstances are occurring or have occurred. 22 The presumption of the use of justifiable deadly force under 23 the bill does not apply in the following circumstances: the 24 person against whom the force is used is a lawful resident of 25 the dwelling, or has a right to be in the place of business or 26 employment, or occupied vehicle of the person using force, and 27 there is not a protective or no contact order in place against 28 the person against whom force is used; the person against whom 29 force is used is removing a child, grandchild, or other person 30 in the lawful custody or lawful guardianship of the person; the 31 person using defensive force is engaged in or attempting to 32 escape from a crime or is using a dwelling, place of business 33 or employment, or occupied vehicle to further a crime; or the 34 person against whom force is used is a peace officer who has 35 -5- LSB 1456HV (3) 84 jm/rj 5/ 7

H.F. 573 entered or is attempting to enter a dwelling, place of business 1 or employment, or occupied vehicle in the lawful performance of 2 the peace officer’s official duties, and the person using force 3 knows or reasonably should know that the person who has entered 4 or is attempting to enter is a peace officer. 5 The bill provides that a person who is unlawfully and 6 forcefully entering, or has unlawfully or forcefully entered 7 and is present within a dwelling, place of business or 8 employment, or occupied vehicle of another, is presumed to 9 present an imminent risk of unlawful deadly force to any 10 person lawfully present in the dwelling, place of business or 11 employment, or occupied vehicle. 12 The bill also provides that a person who uses reasonable 13 force shall be immune from any criminal prosecution or civil 14 action for using such force, unless the person against whom 15 such force is used is a peace officer acting within the scope 16 of the officer’s duties and the peace officer discloses the 17 officer’s identity, the person knows or reasonably should know 18 that the person is a peace officer, or the peace officer is 19 involved in an undercover investigation. 20 Under the bill, a law enforcement agency shall not arrest a 21 person for using force unless it determines there is probable 22 cause that the force was unlawful under Code chapter 704. 23 The bill also provides that if a court or jury finds a person 24 justified in using reasonable force under the circumstances, 25 and the person is found not liable in a civil court, the 26 person shall be awarded reasonable attorney fees, court costs, 27 compensation for loss of any income, and reimbursement of any 28 other expenses incurred as a result of being arrested and 29 charged, to be paid by the civil plaintiff. 30 The bill also provides that a person is justified in using 31 reasonable force, including deadly force, in order to prevent 32 or terminate the perpetration of a violent felony, if the 33 person reasonably believes that a violent felony is being or 34 will imminently be perpetrated. The bill defines “violent 35 -6- LSB 1456HV (3) 84 jm/rj 6/ 7