House
File
945
-
Introduced
HOUSE
FILE
945
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
213)
A
BILL
FOR
An
Act
providing
for
a
hearing
to
determine
immunity
from
1
criminal
or
civil
liability
following
a
use
of
reasonable
2
force
in
defense
of
one’s
self,
others,
or
property.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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945
Section
1.
Section
704.13,
Code
2025,
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.
A
defendant
in
a
criminal
action
may
file
a
motion
9
asserting
the
immunity
granted
in
this
section
not
less
than
10
forty-five
days
before
trial.
The
court
shall
conduct
a
11
pretrial
hearing
to
determine
whether
the
defendant
is
immune.
12
If
the
court
finds
that
the
defendant
has
established
a
prima
13
facie
claim
of
immunity,
the
state
shall
bear
the
burden
of
14
proof
by
clear
and
convincing
evidence
to
overcome
the
claim
15
of
immunity.
If
the
state
overcomes
the
claim
of
immunity,
16
the
case
will
proceed
to
trial
as
provided
by
the
rules
of
17
criminal
procedure.
If
the
state
does
not
overcome
the
claim
18
of
immunity,
the
case
shall
be
dismissed
with
prejudice.
19
3.
A
defendant
in
a
civil
action
may
raise
the
immunity
20
granted
by
this
section
as
an
affirmative
defense
as
provided
21
by
the
rules
of
civil
procedure.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
provides
for
a
hearing
to
determine
immunity
from
26
criminal
or
civil
liability
following
a
use
of
reasonable
force
27
in
defense
of
one’s
self,
others,
or
property.
28
Current
law
provides
for
immunity
from
criminal
or
civil
29
liability
for
all
damages
caused
by
a
person
justified
in
using
30
reasonable
force
in
defense
of
the
person,
another
person,
or
31
property.
The
bill
provides
that
a
defendant
in
a
criminal
32
action
may
file
a
motion
asserting
immunity
not
less
than
45
33
days
before
trial.
The
court
shall
conduct
a
pretrial
hearing
34
to
determine
whether
the
defendant
is
immune.
If
the
court
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945
finds
that
the
defendant
has
established
a
prima
facie
claim
of
1
immunity,
the
state
shall
bear
the
burden
of
proof
by
clear
and
2
convincing
evidence
to
overcome
the
claim
of
immunity.
If
the
3
state
overcomes
the
claim
of
immunity,
the
case
will
proceed
to
4
trial.
If
the
state
does
not
overcome
the
claim
of
immunity,
5
the
case
shall
be
dismissed
with
prejudice.
6
The
bill
provides
that
a
defendant
in
a
civil
action
may
7
raise
immunity
as
an
affirmative
defense.
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