House
File
945
-
Reprinted
HOUSE
FILE
945
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
213)
(As
Amended
and
Passed
by
the
House
March
24,
2025
)
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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H.F.
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
prosecution,
criminal
liability
for
all
damages,
and
civil
7
liability
for
all
damages
incurred
by
the
aggressor
pursuant
to
8
the
application
of
reasonable
force.
9
2.
A
defendant
in
a
criminal
action
may
file
a
motion
10
asserting
the
immunity
granted
in
this
section
not
less
than
11
forty-five
days
before
trial.
The
court
shall
conduct
a
12
pretrial
hearing
to
determine
whether
the
defendant
is
immune
13
from
criminal
prosecution.
If
the
court
finds
that
the
14
defendant
has
established
a
prima
facie
claim
of
immunity,
the
15
state
shall
bear
the
burden
of
proof
by
clear
and
convincing
16
evidence
to
overcome
the
claim
of
immunity.
If
the
state
17
overcomes
the
claim
of
immunity,
the
case
will
proceed
to
trial
18
as
provided
by
the
rules
of
criminal
procedure.
If
the
state
19
does
not
overcome
the
claim
of
immunity,
the
case
shall
be
20
dismissed
with
prejudice.
21
3.
A
defendant
in
a
civil
action
may
raise
the
immunity
22
granted
by
this
section
as
an
affirmative
defense
as
provided
23
by
the
rules
of
civil
procedure.
24
4.
A
defendant
in
a
criminal
action
may
raise
any
defense
25
or
immunity
granted
by
this
chapter
as
a
trial
defense.
The
26
denial
of
a
defendant’s
pretrial
motion
under
this
section
27
shall
not
preclude
the
defendant’s
right
to
raise
any
28
affirmative
defense
or
immunity
at
trial.
29
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