The bill amends Section 704.13 of the Iowa Code to establish a formal process for determining immunity from criminal or civil liability when a person uses reasonable force in defense of themselves, others, or property. It introduces a new provision that allows a defendant in a criminal action to file a motion asserting their claim of immunity at least forty-five days before trial. The court is then required to conduct a pretrial hearing to assess the validity of the immunity claim. If the defendant successfully establishes a prima facie claim of immunity, the burden of proof shifts to the state, which must provide clear and convincing evidence to counter the claim. If the state fails to do so, the case will be dismissed with prejudice.

Additionally, the bill allows defendants in civil actions to raise the immunity granted by this section as an affirmative defense, aligning the civil process with the newly established criminal procedure. This legislative change aims to clarify the legal protections available to individuals who use reasonable force in self-defense or defense of others, ensuring that their claims of immunity are properly evaluated in court.

Statutes affected:
Introduced: 704.13