HSB 213 (LSB 2824YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act providing for a hearing to determine immunity from criminal or civil liability following a use of reasonable force in defense of one’s self, others, or property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 704.13, Code 2025, is amended to read as follows:
   704.13  Immunity.
   1.  A person who is justified in using reasonable force against an aggressor in defense of oneself, another person, or property pursuant to section 704.4 is immune from criminal or civil liability for all damages incurred by the aggressor pursuant to the application of reasonable force.
   2.  A defendant in a criminal action may file a motion asserting the immunity granted in this section not less than forty-five days before trial. The court shall conduct a pretrial hearing to determine whether the defendant is immune. If the court finds that the defendant has established a prima facie claim of immunity, the state shall bear the burden of proof by clear and convincing evidence to overcome the claim of immunity. If the state overcomes the claim of immunity, the case will proceed to trial as provided by the rules of criminal procedure. If the state does not overcome the claim of immunity, the case shall be dismissed with prejudice.
   3.  A defendant in a civil action may raise the immunity granted by this section as an affirmative defense as provided by the rules of civil procedure.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for a hearing to determine immunity from criminal or civil liability following a use of reasonable force in defense of one’s self, others, or property.
   Current law provides for immunity from criminal or civil liability for all damages caused by a person justified in using reasonable force in defense of the person, another person, or property. The bill provides that a defendant in a criminal action may file a motion asserting immunity not less than 45 days before trial. The court shall conduct a pretrial hearing to determine whether the defendant is immune. If the court finds that the defendant has established a prima facie claim of immunity, the state shall bear the burden of proof by clear and convincing evidence to overcome the claim of immunity. If the state overcomes the claim of immunity, the case will proceed to trial. If the state does not overcome the claim of immunity, the case shall be dismissed with prejudice.
   The bill provides that a defendant in a civil action may raise immunity as an affirmative defense.