HOUSE FILE 573

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 7)

A BILL FOR

An Act relating to the justifiable use of reasonable force and providing a remedy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 704.1, Code 2011, is amended to read as follows:
   704.1  Reasonable force.
   1.  “Reasonable force”is means that forceand no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.
   2.  Reasonable force, including deadly force, may be used even if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one’s dwelling or place of business or employment, and a person has no duty to retreat from any place where one is lawfully present, and has the right to stand the person’s ground, and meet force with force, if the person believes reasonable force, including deadly force, is necessary under the circumstances to prevent death or serious injury to oneself or a third party, or to prevent the commission of a violent felony.
   3.  A person may be wrong in the estimation of the danger or the force necessary to repel the danger as long as there is a reasonable basis for the belief of the person and the person acts reasonably in the response to that belief.
   Sec. 2.  Section 704.2, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  A threat to cause serious injury or death, by the production or brandishing of a deadly weapon, is not deadly force, as long as the actions of the person are objectively reasonable and limited to creating an expectation that the person may use deadly force to defend oneself, another, or as otherwise authorized by law.
   Sec. 3.  NEW SECTION.  704.2A  Justifiable use of deadly force —— presumption.
   1.  For purposes of this chapter, a person is presumed reasonably to believe that deadly force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another if:
   a.  The person against whom force is used, at the time the force is used, is doing any of the following:
   (1)  Unlawfully and forcefully entering, or has unlawfully or forcefully entered and is present, within the dwelling, place of business or employment, or occupied vehicle of the person using force.
   (2)  Attempting to remove or has removed another person against the other person’s will from the dwelling, place of business or employment, or occupied vehicle of the person using force.
   b.  The person using force knows or has reason to believe that any of the conditions set forth in paragraph“a” are occurring or have occurred.
   2.  The presumption set forth in this subsection does not apply if, at the time force is used:
   a.  The person against whom the force is used is a lawful resident of the dwelling, or has a right to be in the place of business, employment, or occupied vehicle of the person using force, and a protective or no contact order is not in effect against the person against whom force is used.
   b.  The person sought to be removed is a child or grandchild or is in the lawful custody or under the lawful guardianship of the person against whom force is used.
   c.  The person using defensive force is engaged in or attempting to escape from a crime or is using a dwelling, place of business or employment, or occupied vehicle to further a crime.
   d.  The person against whom force is used is a peace officer who has entered or is attempting to enter a dwelling, place of business or employment, or occupied vehicle in the lawful performance of the peace officer’s official duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a peace officer.
   3.  A person who is unlawfully and forcefully entering, or has unlawfully or forcefully entered and is present within the dwelling, place of business or employment, or occupied vehicle of another is presumed to present an imminent risk of unlawful deadly force to any persons lawfully present in the dwelling, place of business or employment, or occupied vehicle.
   Sec. 4.  Section 704.3, Code 2011, is amended to read as follows:
   704.3  Defense of self or another.
   A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any actual or imminent use of unlawful force.
   Sec. 5.  NEW SECTION.  704.4A  Immunity.
   1.  As used in this section,“criminal prosecution” means arrest, detention, charging, or prosecution.
   2.  A person who uses reasonable force shall be immune from criminal prosecution or civil action for using such force, unless the person against whom such force is used is a peace officer acting within the scope of the officer’s duties and the peace officer discloses the officer’s identity, or the person knows or reasonably should know that the person is a peace officer, or the peace officer is involved in an undercover investigation.
   3.  A law enforcement agency may use standard investigating procedures for investigating the use of force, but the law enforcement agency shall not arrest a person for using force unless the law enforcement agency determines there is probable cause that the force was unlawful under this chapter.
   4.  The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by the plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection 2.
   Sec. 6.  Section 704.7, Code 2011, is amended to read as follows:
   704.7  Resisting forcible violent felony.
   1.  As used in this section,“violent felony” means any felonious assault, murder, violent or forced sexual abuse, kidnapping, robbery, arson, or burglary.
   2.  A person who knows reasonably believes that a forcible violent felony is being or imminently will be perpetrated is justified in using, against the perpetrator, reasonable force, including deadly force, to prevent or terminate the completion of that perpetration of the violent felony.
EXPLANATION
   This bill relates to the justifiable use of reasonable force.
   The bill provides that a person may use reasonable force, including deadly force, and a person has no duty to retreat from any place at which the person is lawfully present, and has a right to stand the person’s ground, and meet force with force, if the person believes reasonable force, including deadly force, is necessary under the circumstances to prevent death or serious injury to oneself or a third party, or to prevent the commission of a violent felony.
   The bill provides that a person may be wrong in the estimation of the danger or the force necessary to repel the danger as long as there is a reasonable basis for the belief and the person acts reasonably in the response to that belief.
   Current law provides that a person may use reasonable force, including deadly force, even if an alternative course of action is available if the alternative entails a risk of life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one’s residence or place of business or employment.
   The bill provides that a threat to cause serious injury or death by the production or brandishing of a deadly weapon, is not deadly force, as long as the actions of the person are objectively reasonable and limited to creating an expectation that the person may use deadly force to defend oneself, another, or as otherwise authorized by law.
   The bill creates presumptions for the justifiable use of deadly force in certain circumstances.
   Under the bill, a person is presumed to be justified in using deadly force if the person reasonably believes that deadly force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another under the following circumstances: the person against whom force is used is unlawfully and forcefully entering, or has unlawfully or forcefully entered and is present within a dwelling, place of business or employment, or occupied vehicle of the person using force; or the person against whom force is used is removing or attempting to remove another person against the other person’s will from a dwelling, place of business or employment, or occupied vehicle of the person using force. In addition, the person using force must know or have reason to believe that the aforementioned circumstances are occurring or have occurred.
   The presumption of the use of justifiable deadly force under the bill does not apply in the following circumstances: the person against whom the force is used is a lawful resident of the dwelling, or has a right to be in the place of business or employment, or occupied vehicle of the person using force, and there is not a protective or no contact order in place against the person against whom force is used; the person against whom force is used is removing a child, grandchild, or other person in the lawful custody or lawful guardianship of the person; the person using defensive force is engaged in or attempting to escape from a crime or is using a dwelling, place of business or employment, or occupied vehicle to further a crime; or the person against whom force is used is a peace officer who has entered or is attempting to enter a dwelling, place of business or employment, or occupied vehicle in the lawful performance of the peace officer’s official duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a peace officer.
   The bill provides that a person who is unlawfully and forcefully entering, or has unlawfully or forcefully entered and is present within a dwelling, place of business or employment, or occupied vehicle of another, is presumed to present an imminent risk of unlawful deadly force to any person lawfully present in the dwelling, place of business or employment, or occupied vehicle.
   The bill also provides that a person who uses reasonable force shall be immune from any criminal prosecution or civil action for using such force, unless the person against whom such force is used is a peace officer acting within the scope of the officer’s duties and the peace officer discloses the officer’s identity, the person knows or reasonably should know that the person is a peace officer, or the peace officer is involved in an undercover investigation.
   Under the bill, a law enforcement agency shall not arrest a person for using force unless it determines there is probable cause that the force was unlawful under Code chapter 704.
   The bill also provides that if a court or jury finds a person justified in using reasonable force under the circumstances, and the person is found not liable in a civil court, the person shall be awarded reasonable attorney fees, court costs, compensation for loss of any income, and reimbursement of any other expenses incurred as a result of being arrested and charged, to be paid by the civil plaintiff.
   The bill also provides that a person is justified in using reasonable force, including deadly force, in order to prevent or terminate the perpetration of a violent felony, if the person reasonably believes that a violent felony is being or will imminently be perpetrated. The bill defines “violent felony” to mean any felonious assault, murder, violent or forced sexual abuse, kidnapping, robbery, arson, or burglary.