The bill amends Section 704.13 of the Iowa Code to establish a framework for determining immunity from criminal and civil liability for individuals who use reasonable force in defense of themselves, others, or property. It specifies that a person justified in using reasonable force is immune from criminal prosecution and civil liability for damages incurred by the aggressor. The bill introduces a pretrial hearing process where a defendant in a criminal action can assert their claim of immunity at least forty-five days before trial. If the court finds a prima facie claim of immunity, the burden of proof shifts to the state to demonstrate, by clear and convincing evidence, that the immunity does not apply.

Additionally, the bill allows defendants in civil actions to raise the immunity as an affirmative defense and clarifies that defendants can assert any defense or immunity granted by the chapter during trial, even if their pretrial motion is denied. The proposed changes aim to provide clearer legal protections for individuals who act in self-defense or defense of others, ensuring that those who use reasonable force are afforded a fair opportunity to establish their immunity in court.

Statutes affected:
Introduced: 704.13
Reprinted: 704.13