Senate File 70 - Introduced SENATE FILE 70 BY CHELGREN A BILL FOR An Act relating to the use of reasonable force, including 1 deadly force. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1176XS (3) 87 jm/rj

S.F. 70 Section 1. Section 704.1, Code 2017, is amended to read as 1 follows: 2 704.1 Reasonable force. 3 1. “Reasonable force” is 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. 15 3. Reasonable force, including deadly force, may be used, 16 and a person has no duty to retreat from a person’s dwelling 17 even if an alternative course of action is available, if the 18 person believes reasonable force, including deadly force, is 19 necessary to repel another person who has unlawfully entered 20 the person’s dwelling by stealth or force or who is unlawfully 21 attempting to enter the person’s dwelling by stealth or force, 22 and who has been told orally or in writing not to enter the 23 dwelling. 24 4. Reasonable force, including deadly force, may be used, 25 and a person has no duty to retreat from the person’s property 26 surrounding the dwelling of the person, if the person believes 27 reasonable force, including deadly force, is necessary to 28 prevent another person from committing, or who is about to 29 commit, an aggravated misdemeanor or felony offense. 30 5. As used in this section, “dwelling” means a home owned 31 or rented by the person and used as the person’s home, and 32 “property” means so much of the land owned or rented by the 33 person surrounding the dwelling as is reasonably necessary for 34 use of the dwelling as a home, such as a garage, barn, or other 35 -1- LSB 1176XS (3) 87 jm/rj 1/ 2

S.F. 70 outbuilding. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to the use of reasonable force, including 5 deadly force. 6 The bill provides that a person may use reasonable force, 7 including deadly force, and a person has no duty to retreat 8 from a person’s dwelling even if an alternative course of 9 action is available, if the person believes reasonable force, 10 including deadly force, is necessary to repel another person 11 who has unlawfully entered the person’s dwelling by stealth or 12 force, or who is unlawfully attempting to enter the person’s 13 dwelling by stealth or force, and who has been told orally or 14 in writing not to enter the dwelling. 15 The bill provides that reasonable force, including 16 deadly force, may also be used, and a person has no duty to 17 retreat from the person’s property surrounding the dwelling 18 of the person, if the person believes reasonable force, 19 including deadly force, is necessary to prevent another person 20 from committing, or who is about to commit, an aggravated 21 misdemeanor or felony offense. 22 The bill defines “dwelling” to mean a home owned or rented 23 by the person and used as the person’s home. The bill defines 24 “property” to mean so much of the land surrounding the dwelling 25 as is reasonably necessary for use of the dwelling as a home, 26 such as a garage, barn, or other outbuilding. 27 -2- LSB 1176XS (3) 87 jm/rj 2/ 2