The bill amends Section 704.13 of the Iowa Code to enhance the legal framework surrounding immunity from criminal or civil liability for individuals who justifiably use reasonable force in defense of themselves, others, or property. It establishes a presumption that individuals reasonably believed their use of force was necessary to protect against unlawful force. Additionally, it stipulates that law enforcement agencies may investigate incidents involving the use or threatened use of force but cannot arrest individuals unless there is probable cause to believe the force used was unlawful.

Furthermore, the bill outlines procedures for pretrial immunity hearings in criminal prosecutions or civil actions. Once a person raises the defense of justified use of force, the burden of proof shifts to the opposing party, who must demonstrate by clear and convincing evidence that the immunity should not apply. The court is required to conduct these hearings within 14 days of the motion being filed. Importantly, any probable cause determination by the court regarding the commission of a crime must also include a finding that the use of force was not justified.

Statutes affected:
Introduced: 704.13