House File 239 - Introduced HOUSE FILE 239 BY SHIPLEY A BILL FOR An Act relating to immunity from criminal or civil liability in 1 cases involving the justifiable use of reasonable force. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1641YH (5) 90 as/rh

H.F. 239 Section 1. Section 704.13, Code 2023, is amended to read as 1 follows: 2 704.13 Immunity. 3 1. A person who is justified in using reasonable force 4 against an aggressor in defense of oneself, another person, 5 or property pursuant to section 704.4 is immune from criminal 6 or civil liability for all damages incurred by the aggressor 7 pursuant to the application of reasonable force. 8 2. There shall be a presumption under this section that the 9 person reasonably believed that such use of force was necessary 10 to defend the person, another person, or property from what the 11 person reasonably believed to be the use of or imminent use of 12 unlawful force by another person. 13 3. A law enforcement agency may use standard procedures 14 for investigating the use or threatened use of force, but the 15 law enforcement agency shall not arrest the person for using 16 or threatening to use force unless the law enforcement agency 17 makes the determination that there is probable cause to believe 18 that the force that was used or was threatened to be used was 19 unlawful. 20 4. In a criminal prosecution or civil action, when a 21 justified use of force immunity has been raised by a person at 22 a pretrial immunity hearing, the burden of proof, to be carried 23 by clear and convincing evidence, is on the party seeking to 24 overcome the immunity provided in subsection 1. The court 25 shall hold a pretrial immunity hearing within fourteen days of 26 the person filing a motion to dismiss the criminal prosecution 27 or civil action on the grounds of immunity. 28 5. In a criminal prosecution, a determination by the court 29 that there is probable cause to believe that the criminal 30 offense was committed by the person and that the person 31 should stand trial for the criminal offense must include a 32 determination that the person’s use of force was not justified. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 1641YH (5) 90 as/rh 1/ 2

H.F. 239 the explanation’s substance by the members of the general assembly. 1 This bill relates to immunity from criminal or civil 2 liability in cases involving the justifiable use of reasonable 3 force. 4 Under current law, a person who is justified in using 5 reasonable force against an aggressor in defense of the 6 person’s self, another person, or property is immune from 7 criminal or civil liability for all damages incurred. The bill 8 provides that there shall be a presumption that the person 9 reasonably believed that such use of force was necessary to 10 defend the person, another person, or property from what the 11 person reasonably believed to be the use of or imminent use of 12 unlawful force by another person. A law enforcement agency may 13 investigate the use or threatened use of force, but the law 14 enforcement agency shall not arrest the person for using or 15 threatening to use force unless law enforcement determines that 16 there is probable cause to believe that the force that was used 17 or was threatened to be used was unlawful. 18 The bill provides that in a criminal prosecution or civil 19 action, once a justified use of force immunity has been raised 20 by a person at a pretrial immunity hearing, the burden of 21 proof, to be carried by clear and convincing evidence, is on 22 the party seeking to overcome the immunity. The court shall 23 hold a pretrial immunity hearing within 14 days of the person 24 filing a motion to dismiss on the grounds of immunity. 25 The bill provides that a probable cause determination by the 26 court that the person committed the crime and that the person 27 should stand trial for the criminal offense must include a 28 determination that the person’s use of force was not justified. 29 -2- LSB 1641YH (5) 90 as/rh 2/ 2