Bill Text: IA SF70 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 70 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to the use of reasonable force, including deadly force.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-12 - Subcommittee: Garrett, Boulton, and Edler. S.J. 84. [SF70 Detail]

Download: Iowa-2017-SF70-Introduced.html

Senate File 70 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act relating to the use of reasonable force, including
  2    deadly force.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1176XS (3) 87
    jm/rj

PAG LIN



  1  1    Section 1.  Section 704.1, Code 2017, is amended to read as
  1  2 follows:
  1  3    704.1  Reasonable force.
  1  4    1.  "Reasonable force" is that force and no more which
  1  5 a reasonable person, in like circumstances, would judge to
  1  6 be necessary to prevent an injury or loss and can include
  1  7 deadly force if it is reasonable to believe that such force is
  1  8 necessary to avoid injury or risk to one's life or safety or
  1  9 the life or safety of another, or it is reasonable to believe
  1 10 that such force is necessary to resist a like force or threat.
  1 11    2.  Reasonable force, including deadly force, may be used
  1 12 even if an alternative course of action is available if the
  1 13 alternative entails a risk to life or safety, or the life or
  1 14 safety of a third party, or requires one to abandon or retreat
  1 15 from one's dwelling or place of business or employment.
  1 16    3.  Reasonable force, including deadly force, may be used,
  1 17 and a person has no duty to retreat from a person's dwelling
  1 18 even if an alternative course of action is available, if the
  1 19 person believes reasonable force, including deadly force, is
  1 20 necessary to repel another person who has unlawfully entered
  1 21 the person's dwelling by stealth or force or who is unlawfully
  1 22 attempting to enter the person's dwelling by stealth or force,
  1 23 and who has been told orally or in writing not to enter the
  1 24 dwelling.
  1 25    4.  Reasonable force, including deadly force, may be used,
  1 26 and a person has no duty to retreat from the person's property
  1 27 surrounding the dwelling of the person, if the person believes
  1 28 reasonable force, including deadly force, is necessary to
  1 29 prevent another person from committing, or who is about to
  1 30 commit, an aggravated misdemeanor or felony offense.
  1 31    5.  As used in this section, "dwelling" means a home owned
  1 32 or rented by the person and used as the person's home, and
  1 33 "property" means so much of the land owned or rented by the
  1 34 person surrounding the dwelling as is reasonably necessary for
  1 35 use of the dwelling as a home, such as a garage, barn, or other
  2  1 outbuilding.
  2  2                           EXPLANATION
  2  3 The inclusion of this explanation does not constitute agreement with
  2  4 the explanation's substance by the members of the general assembly.
  2  5    This bill relates to the use of reasonable force, including
  2  6 deadly force.
  2  7    The bill provides that a person may use reasonable force,
  2  8 including deadly force, and a person has no duty to retreat
  2  9 from a person's dwelling even if an alternative course of
  2 10 action is available, if the person believes reasonable force,
  2 11 including deadly force, is necessary to repel another person
  2 12 who has unlawfully entered the person's dwelling by stealth or
  2 13 force, or who is unlawfully attempting to enter the person's
  2 14 dwelling by stealth or force, and who has been told orally or
  2 15 in writing not to enter the dwelling.
  2 16    The bill provides that reasonable force, including
  2 17 deadly force, may also be used, and a person has no duty to
  2 18 retreat from the person's property surrounding the dwelling
  2 19 of the person, if the person believes reasonable force,
  2 20 including deadly force, is necessary to prevent another person
  2 21 from committing, or who is about to commit, an aggravated
  2 22 misdemeanor or felony offense.
  2 23    The bill defines "dwelling" to mean a home owned or rented
  2 24 by the person and used as the person's home.  The bill defines
  2 25 "property" to mean so much of the land surrounding the dwelling
  2 26 as is reasonably necessary for use of the dwelling as a home,
  2 27 such as a garage, barn, or other outbuilding.
       LSB 1176XS (3) 87
       jm/rj