Bill
Bill > HF668
IA HF668
A bill for an act relating to immunity from criminal or civil liability in cases involving the justifiable use of reasonable force.
summary
Introduced
02/28/2025
02/28/2025
In Committee
02/28/2025
02/28/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill relates to immunity from criminal or civil liability in cases involving the justifiable use of reasonable force. Under current law, a person who is justified in using reasonable force against an aggressor in defense of the person’s self, another person, or property is immune from criminal or civil liability for all damages incurred. The bill provides that there shall be a presumption that the person reasonably believed that such use of force was necessary to defend the person, another person, or property from what the person reasonably believed to be the use of or imminent use of unlawful force by another person. A law enforcement agency may investigate the use or threatened use of force, but the law enforcement agency shall not arrest the person for using or threatening to use force unless law enforcement determines that there is probable cause to believe that the force that was used or was threatened to be used was unlawful. The bill provides that in a criminal prosecution or civil action, once a justified use of force immunity has been raised by a person at a pretrial immunity hearing, the burden of proof, to be carried by clear and convincing evidence, is on the party seeking to overcome the immunity. The court shall hold a pretrial immunity hearing within 14 days of the person filing a motion to dismiss on the grounds of immunity. The bill provides that a probable cause determination by the court that the person committed the crime and that the person should stand trial for the criminal offense must include a determination that the person’s use of force was not justified.
AI Summary
This bill modifies existing Iowa law regarding legal protections for individuals who use reasonable force in self-defense, property defense, or defense of others. The bill creates a legal presumption that a person who uses force reasonably believed such force was necessary to defend against what they perceived as an imminent unlawful threat. It establishes new procedural protections for individuals claiming self-defense, including requiring law enforcement to have probable cause that the force used was unlawful before making an arrest. In criminal prosecutions or civil actions, once a person raises a self-defense immunity claim at a pretrial hearing, the burden shifts to the other party to prove by clear and convincing evidence that the force was not justified. The bill mandates that the court must hold such a pretrial immunity hearing within 14 days of the motion being filed, and in criminal cases, any probable cause determination must explicitly include a finding that the person's use of force was not justified. These changes aim to provide stronger legal protections for individuals who use force in defensive situations, making it more difficult to prosecute or sue someone who reasonably believes they were acting in self-defense.
Committee Categories
Justice
Sponsors (4)
Last Action
Introduced, referred to Judiciary. H.J. 476. (on 02/28/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF668 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF668.html |
Loading...