House Study Bill 36 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act relating to the use of justifiable reasonable force 1 including deadly force. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1172YC (4) 84 jm/rj

H.F. _____ Section 1. Section 704.1, Code 2011, is amended to read as 1 follows: 2 704.1 Reasonable force. 3 “Reasonable force” is that force and no more which a 4 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 Reasonable force, including deadly force, may be used even if 11 an alternative course of action is available if the alternative 12 entails a risk to life or safety, or the life or safety of a 13 third party, or requires one to abandon or retreat from one’s 14 dwelling , or place of business or employment , occupied vehicle, 15 or other place where one is lawfully present . 16 Sec. 2. NEW SECTION . 704.2A Justifiable use of deadly force 17 —— presumptions. 18 1. Except as otherwise provided in this section and in 19 section 704.6, a presumption exists that deadly force is 20 justifiable when deadly force is used against a person who 21 unlawfully and forcefully enters or attempts to enter a 22 dwelling, occupied vehicle, or place of business or employment. 23 2. A person is not justified using deadly force pursuant 24 to this section unless the person knows or has reason to know 25 that the person against whom deadly force is used is acting 26 unlawfully and forcefully. 27 3. A person who unlawfully and forcefully enters or attempts 28 to enter a dwelling, occupied vehicle, or place of business or 29 employment, is presumed to be a deadly threat to any person 30 lawfully present in the dwelling, occupied vehicle, or place of 31 business or employment. 32 4. A person who enters or attempts to enter a dwelling, 33 occupied vehicle, or place of business or employment in 34 violation of a no-contact order or protective order is presumed 35 -1- LSB 1172YC (4) 84 jm/rj 1/ 5

H.F. _____ to be doing such action unlawfully and forcefully. 1 Sec. 3. Section 704.6, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. a. One who is participating in a forcible felony, or 4 riot, or a duel. 5 b. One who is using a dwelling, occupied vehicle, or place 6 of business or employment to further a crime. 7 c. One who escapes or attempts to escape from a crime. 8 Sec. 4. Section 704.6, Code 2011, is amended by adding the 9 following new subsections: 10 NEW SUBSECTION . 4. One who uses force against a legal 11 guardian who is removing or attempting to remove a person 12 under the care of the legal guardian from a dwelling, occupied 13 vehicle, or place of business or employment. As used in this 14 subsection, “legal guardian” means a person appointed by a court 15 pursuant to chapter 633, an attorney in fact as defined in 16 section 144B.1, or a parent or other person responsible for the 17 care of a minor. 18 NEW SUBSECTION . 5. One who uses force against a peace 19 officer who enters or attempts to enter a dwelling, occupied 20 vehicle, or place of business or employment while acting within 21 the scope of the lawful duty or authority of the peace officer, 22 and the person using the reasonable force knows or reasonably 23 should know that the person who enters or attempts to enter the 24 dwelling, occupied vehicle, or place of business or employment, 25 is a peace officer. 26 Sec. 5. Section 704.7, Code 2011, is amended to read as 27 follows: 28 704.7 Resisting forcible felony. 29 A person who knows reasonably believes that a forcible 30 felony is being perpetrated is justified in using, against the 31 perpetrator, reasonable force to prevent the completion of that 32 felony. 33 Sec. 6. Section 707.6, Code 2011, is amended by striking the 34 section and inserting in lieu thereof the following: 35 -2- LSB 1172YC (4) 84 jm/rj 2/ 5

H.F. _____ 707.6 Immunity. 1 1. As used in this section, “criminal prosecution” means 2 arrest, detention, charging, or prosecution. 3 2. A person who is justified in using reasonable force 4 including deadly force pursuant to chapter 704 is immune 5 from criminal prosecution and civil liability for the use of 6 reasonable force including deadly force. 7 EXPLANATION 8 This bill relates to the use of justifiable reasonable force 9 including deadly force. 10 The bill provides that a person may use reasonable force 11 including deadly force if the alternative to using reasonable 12 force requires one to abandon or retreat from an occupied 13 vehicle or other place where one is lawfully present. Current 14 law specifies a person may use reasonable force including 15 deadly force if the alternative to using reasonable force 16 requires one to abandon or retreat from one’s dwelling, or 17 place of business or employment. 18 The bill establishes a presumption that deadly force is 19 justifiable in certain circumstances. Under the bill, a person 20 is justified in using deadly force if the person against whom 21 deadly force is used is unlawfully and forcefully entering or 22 attempting to enter a dwelling, occupied vehicle, or place of 23 business or employment. The bill provides that a person is not 24 justified in using deadly force unless the person using deadly 25 force knows or has reason to know that a person against whom 26 deadly force is used is acting unlawfully and forcefully. 27 The bill specifies that a person who unlawfully and 28 forcefully enters or attempts to enter a dwelling, occupied 29 vehicle, or place of business or employment is presumed to be a 30 deadly threat to any person lawfully present in the dwelling, 31 occupied vehicle, or place of business or employment. 32 The bill specifies that a person who enters or attempts to 33 enter a dwelling, occupied vehicle, or place of business or 34 employment in violation of a no-contact order or protective 35 -3- LSB 1172YC (4) 84 jm/rj 3/ 5

H.F. _____ order is presumed to be doing such action unlawfully and 1 forcefully. 2 The bill specifies that the defense of justification is 3 not available to a person who is using a dwelling, occupied 4 vehicle, or place of business or employment to further a crime, 5 or who is escaping or attempting to escape from a crime. 6 Current law specifies that the defense of justification is 7 not available to a person who is participating in a forcible 8 felony. 9 The bill establishes that a defense of justification is not 10 available to a person who uses force against a legal guardian 11 who is removing or attempting to remove a person under the care 12 of the legal guardian from a dwelling, occupied vehicle, or 13 place of business or employment. 14 The bill also establishes that a defense of justification 15 is not available to a person who uses force against a peace 16 officer who enters or attempts to enter a dwelling, occupied 17 vehicle, or place of business or employment while acting within 18 the scope of the lawful duty or authority of the peace officer, 19 and the person using the reasonable force knows or reasonably 20 should know that the person who enters or attempts to enter the 21 dwelling, occupied vehicle, or place of business or employment, 22 is a peace officer. 23 The bill amends Code section 704.7 relating to justifiable 24 force used to resist a forcible felony. The bill provides 25 that a person who “reasonably believes” that a forcible felony 26 is being perpetrated is justified in using reasonable force 27 against the perpetrator. Current law provides that a person 28 who “knows” a forcible felony is being perpetrated is justified 29 in using reasonable force against the perpetrator. 30 The bill amends Code section 707.6 relating to civil 31 liability, which provides civil immunity for the use of 32 reasonable force against aggressors. The bill specifies that 33 a person who is justified in using reasonable force including 34 deadly force pursuant to Code chapter 704 is immune from 35 -4- LSB 1172YC (4) 84 jm/rj 4/ 5

H.F. _____ criminal prosecution and civil liability for the use of such 1 force. 2 -5- LSB 1172YC (4) 84 jm/rj 5/ 5