HF 945 (LSB 2824HV (2) 91)

HOUSE FILE 945

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 213)

(As Amended and Passed by the House 2025-03-24)

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 prosecution, criminal liability for all damages, and 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 from criminal prosecution. 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.
   4.  A defendant in a criminal action may raise any defense or immunity granted by this chapter as a trial defense. The denial of a defendant’s pretrial motion under this section shall not preclude the defendant’s right to raise any affirmative defense or immunity at trial.