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Senate File 262 - IntroducedA Bill ForAn Act 1relating to the justifiable use of reasonable force and
2providing a remedy.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 704.1, Code 2017, is amended to read as
2follows:
3704.1 Reasonable force.
41. “Reasonable force” is means that force and no more which
5a reasonable person, in like circumstances, would judge to
6be necessary to prevent an injury or loss and can include
7deadly force if it is reasonable to believe that such force is
8necessary to avoid injury or risk to one’s life or safety or
9the life or safety of another, or it is reasonable to believe
10that such force is necessary to resist a like force or threat.
112. Reasonable force, including deadly force, may be used
12even if an alternative course of action is available if the
13alternative entails a risk to life or safety, or the life or
14safety of a third party, or requires one to abandon or retreat
15from one’s dwelling or place of business or employment.
163. A person may be wrong in the estimation of the danger or
17the force necessary to repel the danger as long as there is a
18reasonable basis for the belief of the person and the person
19acts reasonably in the response to that belief.
204. A person who is not engaged in illegal activity has no
21duty to retreat from any place where the person is lawfully
22present before using force as specified in this chapter.
23A finder of fact shall not be permitted to consider the
24possibility of retreat as a factor in determining whether or
25not a person who used force reasonably believed that the force
26was necessary to prevent injury, loss, or risk to life or
27safety.
28 Sec. 2. Section 704.2, Code 2017, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 1A. A threat to cause serious injury
31or death, by the production, display, or brandishing of a
32deadly weapon, is not deadly force, as long as the actions of
33the person are limited to creating an expectation that the
34person may use deadly force to defend oneself, another, or as
35otherwise authorized by law.
-1-1 Sec. 3. NEW SECTION. 704.2A Justifiable use of deadly
2force.
31. For purposes of this chapter, a person is presumed to
4reasonably believe that deadly force is necessary to avoid
5injury or risk to one’s life or safety or the life or safety of
6another in either of the following circumstances:
7a. The person against whom force is used, at the time the
8force is used, is doing any of the following:
9(1) Unlawfully entering by force or stealth, or has
10unlawfully entered by force or stealth and remains within the
11dwelling, place of business or employment, or occupied vehicle
12of the person using force.
13(2) Unlawfully removing or is attempting to unlawfully
14remove another person against the other person’s will from the
15dwelling, place of business or employment, or occupied vehicle
16of the person using force.
17b. The person using force knows or has reason to believe
18that any of the conditions set forth in paragraph “a” are
19occurring or have occurred.
202. The presumption set forth in subsection 1 does not
21apply if, at the time force is used, any of the following
22circumstances are present:
23a. The person using defensive force is engaged in a
24criminal offense, is attempting to escape from the scene of a
25criminal offense that the person has committed, or is using the
26dwelling, place of business or employment, or occupied vehicle
27to further a criminal offense.
28b. The person sought to be removed is a child or grandchild
29or is otherwise in the lawful custody or under the lawful
30guardianship of the person against whom force is used.
31c. The person against whom force is used is a peace officer
32who has entered or is attempting to enter a dwelling, place
33of business or employment, or occupied vehicle in the lawful
34performance of the peace officer’s official duties, and the
35person using force knows or reasonably should know that the
-2-1person who has entered or is attempting to enter is a peace
2officer.
3d. The person against whom the force is used has the right
4to be in, or is a lawful resident of, the dwelling, place of
5business or employment, or occupied vehicle of the person using
6force, and a protective or no-contact order is not in effect
7against the person against whom the force is used.
8 Sec. 4. Section 704.3, Code 2017, is amended to read as
9follows:
10704.3 Defense of self or another.
11A person is justified in the use of reasonable force when
12the person reasonably believes that such force is necessary to
13defend oneself or another from any actual or imminent use of
14unlawful force.
15 Sec. 5. NEW SECTION. 704.4A Immunity for justifiable use of
16force.
171. As used in this section, “criminal prosecution” means
18arrest, detention, charging, or prosecution.
192. A person who uses reasonable force pursuant to this
20chapter shall be immune from any criminal prosecution or civil
21action for using such force.
223. A law enforcement agency may use standard investigating
23procedures for investigating the use of force, but the law
24enforcement agency shall not arrest a person for using force
25unless the law enforcement agency determines there is probable
26cause that the force was unlawful under this chapter.
274. The court shall award reasonable attorney fees, court
28costs, compensation for loss of income, and all expenses
29incurred by the defendant in defense of any civil action
30brought by the plaintiff if the court finds that the defendant
31is immune from prosecution as provided in subsection 2.
32 Sec. 6. Section 704.7, Code 2017, is amended to read as
33follows:
34704.7 Resisting forcible violent felony.
351. As used in this section, “violent felony” means any
-3-1felonious sexual abuse involving compulsion or the use of a
2weapon or any felonious assault, murder, kidnapping, robbery,
3arson, or burglary.
42. A person who knows reasonably believes that a forcible
5 violent felony is being or will imminently be perpetrated is
6justified in using, against the perpetrator, reasonable force,
7including deadly force, against the perpetrator or perpetrators
8 to prevent the completion of or terminate the perpetration of
9 that felony.
10 Sec. 7. REPEAL. Section 707.6, Code 2017, is repealed.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14Current law provides that a person may use reasonable force,
15including deadly force, even if an alternative course of action
16is available if the alternative entails a risk of life or
17safety, or the life or safety of a third party, or requires one
18to abandon or retreat from one’s residence or place of business
19or employment.
20This bill provides that a person may use reasonable force,
21including deadly force, if it is reasonable to believe such
22force is necessary to avoid injury or risk to one’s life or
23safety or the life or safety of another, even if an alternative
24course of action is available if the alternative entails a risk
25to life or safety, or the life or safety of a third party.
26The bill provides that a person may be wrong in the
27estimation of the danger or the force necessary to repel the
28danger as long as there is a reasonable basis for the belief
29and the person acts reasonably in the response to that belief.
30The bill further provides that a person who is not engaged in
31an illegal activity has no duty to retreat from any place where
32the person is lawfully present before using force. The bill
33prohibits a finder of fact from considering the possibility of
34retreat as a factor in determining whether or not a person who
35used force reasonably believed that the force was necessary to
-4-1prevent injury, loss, or risk to life or safety.
2The bill provides that a threat to cause serious injury
3or death by the production, display, or brandishing of a
4deadly weapon, is not deadly force, as long as the actions of
5the person are limited to creating an expectation that the
6person may use deadly force to defend oneself, another, or as
7otherwise authorized by law.
8The bill creates presumptions for the justifiable use of
9deadly force in certain circumstances.
10Under the bill, a person is presumed to be justified in using
11deadly force if the person reasonably believes, at the time the
12force is used, that deadly force is necessary to avoid injury
13or risk to one’s life or safety or the life or safety of another
14under the following circumstances: the person against whom
15force is used is unlawfully entering by force or stealth, or
16has unlawfully entered by force or stealth and remains within a
17dwelling, place of business or employment, or occupied vehicle
18of the person using force; or the person against whom force is
19used is unlawfully removing or attempting to remove another
20person against the other person’s will from a dwelling, place
21of business or employment, or occupied vehicle of the person
22using force. In addition, the person may use such force if the
23person knows or has reason to believe that the aforementioned
24circumstances are occurring or have occurred.
25The presumption of the use of justifiable deadly force
26under the bill does not apply at the time force is used in the
27following circumstances: the person using defensive force is
28engaged in a criminal offense or activity; the person sought
29to be removed is a child or grandchild or is otherwise in the
30lawful custody of the person against whom force is used; the
31person against whom force is used is a peace officer who has
32entered or is attempting to enter a dwelling, place of business
33or employment, or occupied vehicle in the lawful performance
34of the peace officer’s official duties, and the person using
35force knows or reasonably should know that the person who has
-5-1entered or is attempting to enter is a peace officer; or the
2person against whom force is used has the right to be in, or
3is a lawful resident of, the dwelling, place of business or
4employment, or occupied vehicle of the person using force, and
5a protective or no-contact order is not in effect against the
6person against whom the force is used.
7The bill provides that a person is justified in the use of
8reasonable force when the person reasonably believes that such
9force is necessary to defend oneself or another from any actual
10as well as imminent use of unlawful force.
11The bill repeals Code section 707.6 and consolidates
12criminal and civil immunity provisions in new Code section
13704.4A. Under the bill, a person who uses reasonable force
14shall be immune from any criminal prosecution or civil action
15for using such force.
16Under the bill, a law enforcement agency shall not arrest a
17person for using force unless it determines there is probable
18cause that the force was unlawful under Code chapter 704.
19The bill also provides that if a defendant is sued by a
20plaintiff for using reasonable force, the court shall award the
21defendant reasonable attorney fees, court costs, compensation
22for loss of income, and expenses if the court finds the
23defendant is immune from prosecution.
24The bill also provides that a person who reasonably
25believes that a violent felony is being or will imminently be
26perpetrated is justified in using reasonable force, including
27deadly force, against a perpetrator to prevent or terminate the
28perpetration of that felony. The bill defines “violent felony”
29to mean any felonious assault, murder, violent or forced sexual
30abuse, kidnapping, robbery, arson, or burglary.
-6-jm/rj
2providing a remedy.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 704.1, Code 2017, is amended to read as
2follows:
3704.1 Reasonable force.
41. “Reasonable force” is means that force and no more which
5a reasonable person, in like circumstances, would judge to
6be necessary to prevent an injury or loss and can include
7deadly force if it is reasonable to believe that such force is
8necessary to avoid injury or risk to one’s life or safety or
9the life or safety of another, or it is reasonable to believe
10that such force is necessary to resist a like force or threat.
112. Reasonable force, including deadly force, may be used
12even if an alternative course of action is available if the
13alternative entails a risk to life or safety, or the life or
14safety of a third party, or requires one to abandon or retreat
15from one’s dwelling or place of business or employment.
163. A person may be wrong in the estimation of the danger or
17the force necessary to repel the danger as long as there is a
18reasonable basis for the belief of the person and the person
19acts reasonably in the response to that belief.
204. A person who is not engaged in illegal activity has no
21duty to retreat from any place where the person is lawfully
22present before using force as specified in this chapter.
23A finder of fact shall not be permitted to consider the
24possibility of retreat as a factor in determining whether or
25not a person who used force reasonably believed that the force
26was necessary to prevent injury, loss, or risk to life or
27safety.
28 Sec. 2. Section 704.2, Code 2017, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 1A. A threat to cause serious injury
31or death, by the production, display, or brandishing of a
32deadly weapon, is not deadly force, as long as the actions of
33the person are limited to creating an expectation that the
34person may use deadly force to defend oneself, another, or as
35otherwise authorized by law.
-1-1 Sec. 3. NEW SECTION. 704.2A Justifiable use of deadly
2force.
31. For purposes of this chapter, a person is presumed to
4reasonably believe that deadly force is necessary to avoid
5injury or risk to one’s life or safety or the life or safety of
6another in either of the following circumstances:
7a. The person against whom force is used, at the time the
8force is used, is doing any of the following:
9(1) Unlawfully entering by force or stealth, or has
10unlawfully entered by force or stealth and remains within the
11dwelling, place of business or employment, or occupied vehicle
12of the person using force.
13(2) Unlawfully removing or is attempting to unlawfully
14remove another person against the other person’s will from the
15dwelling, place of business or employment, or occupied vehicle
16of the person using force.
17b. The person using force knows or has reason to believe
18that any of the conditions set forth in paragraph “a” are
19occurring or have occurred.
202. The presumption set forth in subsection 1 does not
21apply if, at the time force is used, any of the following
22circumstances are present:
23a. The person using defensive force is engaged in a
24criminal offense, is attempting to escape from the scene of a
25criminal offense that the person has committed, or is using the
26dwelling, place of business or employment, or occupied vehicle
27to further a criminal offense.
28b. The person sought to be removed is a child or grandchild
29or is otherwise in the lawful custody or under the lawful
30guardianship of the person against whom force is used.
31c. The person against whom force is used is a peace officer
32who has entered or is attempting to enter a dwelling, place
33of business or employment, or occupied vehicle in the lawful
34performance of the peace officer’s official duties, and the
35person using force knows or reasonably should know that the
-2-1person who has entered or is attempting to enter is a peace
2officer.
3d. The person against whom the force is used has the right
4to be in, or is a lawful resident of, the dwelling, place of
5business or employment, or occupied vehicle of the person using
6force, and a protective or no-contact order is not in effect
7against the person against whom the force is used.
8 Sec. 4. Section 704.3, Code 2017, is amended to read as
9follows:
10704.3 Defense of self or another.
11A person is justified in the use of reasonable force when
12the person reasonably believes that such force is necessary to
13defend oneself or another from any actual or imminent use of
14unlawful force.
15 Sec. 5. NEW SECTION. 704.4A Immunity for justifiable use of
16force.
171. As used in this section, “criminal prosecution” means
18arrest, detention, charging, or prosecution.
192. A person who uses reasonable force pursuant to this
20chapter shall be immune from any criminal prosecution or civil
21action for using such force.
223. A law enforcement agency may use standard investigating
23procedures for investigating the use of force, but the law
24enforcement agency shall not arrest a person for using force
25unless the law enforcement agency determines there is probable
26cause that the force was unlawful under this chapter.
274. The court shall award reasonable attorney fees, court
28costs, compensation for loss of income, and all expenses
29incurred by the defendant in defense of any civil action
30brought by the plaintiff if the court finds that the defendant
31is immune from prosecution as provided in subsection 2.
32 Sec. 6. Section 704.7, Code 2017, is amended to read as
33follows:
34704.7 Resisting forcible violent felony.
351. As used in this section, “violent felony” means any
-3-1felonious sexual abuse involving compulsion or the use of a
2weapon or any felonious assault, murder, kidnapping, robbery,
3arson, or burglary.
42. A person who knows reasonably believes that a forcible
5 violent felony is being or will imminently be perpetrated is
6justified in using, against the perpetrator, reasonable force,
7including deadly force, against the perpetrator or perpetrators
8 to prevent the completion of or terminate the perpetration of
9 that felony.
10 Sec. 7. REPEAL. Section 707.6, Code 2017, is repealed.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14Current law provides that a person may use reasonable force,
15including deadly force, even if an alternative course of action
16is available if the alternative entails a risk of life or
17safety, or the life or safety of a third party, or requires one
18to abandon or retreat from one’s residence or place of business
19or employment.
20This bill provides that a person may use reasonable force,
21including deadly force, if it is reasonable to believe such
22force is necessary to avoid injury or risk to one’s life or
23safety or the life or safety of another, even if an alternative
24course of action is available if the alternative entails a risk
25to life or safety, or the life or safety of a third party.
26The bill provides that a person may be wrong in the
27estimation of the danger or the force necessary to repel the
28danger as long as there is a reasonable basis for the belief
29and the person acts reasonably in the response to that belief.
30The bill further provides that a person who is not engaged in
31an illegal activity has no duty to retreat from any place where
32the person is lawfully present before using force. The bill
33prohibits a finder of fact from considering the possibility of
34retreat as a factor in determining whether or not a person who
35used force reasonably believed that the force was necessary to
-4-1prevent injury, loss, or risk to life or safety.
2The bill provides that a threat to cause serious injury
3or death by the production, display, or brandishing of a
4deadly weapon, is not deadly force, as long as the actions of
5the person are limited to creating an expectation that the
6person may use deadly force to defend oneself, another, or as
7otherwise authorized by law.
8The bill creates presumptions for the justifiable use of
9deadly force in certain circumstances.
10Under the bill, a person is presumed to be justified in using
11deadly force if the person reasonably believes, at the time the
12force is used, that deadly force is necessary to avoid injury
13or risk to one’s life or safety or the life or safety of another
14under the following circumstances: the person against whom
15force is used is unlawfully entering by force or stealth, or
16has unlawfully entered by force or stealth and remains within a
17dwelling, place of business or employment, or occupied vehicle
18of the person using force; or the person against whom force is
19used is unlawfully removing or attempting to remove another
20person against the other person’s will from a dwelling, place
21of business or employment, or occupied vehicle of the person
22using force. In addition, the person may use such force if the
23person knows or has reason to believe that the aforementioned
24circumstances are occurring or have occurred.
25The presumption of the use of justifiable deadly force
26under the bill does not apply at the time force is used in the
27following circumstances: the person using defensive force is
28engaged in a criminal offense or activity; the person sought
29to be removed is a child or grandchild or is otherwise in the
30lawful custody of the person against whom force is used; the
31person against whom force is used is a peace officer who has
32entered or is attempting to enter a dwelling, place of business
33or employment, or occupied vehicle in the lawful performance
34of the peace officer’s official duties, and the person using
35force knows or reasonably should know that the person who has
-5-1entered or is attempting to enter is a peace officer; or the
2person against whom force is used has the right to be in, or
3is a lawful resident of, the dwelling, place of business or
4employment, or occupied vehicle of the person using force, and
5a protective or no-contact order is not in effect against the
6person against whom the force is used.
7The bill provides that a person is justified in the use of
8reasonable force when the person reasonably believes that such
9force is necessary to defend oneself or another from any actual
10as well as imminent use of unlawful force.
11The bill repeals Code section 707.6 and consolidates
12criminal and civil immunity provisions in new Code section
13704.4A. Under the bill, a person who uses reasonable force
14shall be immune from any criminal prosecution or civil action
15for using such force.
16Under the bill, a law enforcement agency shall not arrest a
17person for using force unless it determines there is probable
18cause that the force was unlawful under Code chapter 704.
19The bill also provides that if a defendant is sued by a
20plaintiff for using reasonable force, the court shall award the
21defendant reasonable attorney fees, court costs, compensation
22for loss of income, and expenses if the court finds the
23defendant is immune from prosecution.
24The bill also provides that a person who reasonably
25believes that a violent felony is being or will imminently be
26perpetrated is justified in using reasonable force, including
27deadly force, against a perpetrator to prevent or terminate the
28perpetration of that felony. The bill defines “violent felony”
29to mean any felonious assault, murder, violent or forced sexual
30abuse, kidnapping, robbery, arson, or burglary.
-6-jm/rj