Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009

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H-1185

House Amendment 1185
PAG LIN
1 1 Amend House File 746 as follows:

1 2 #1. Page 2, by inserting after line 16 the

1 3 following:

1 4 . Section 704.1, Code 2009, is amended to

1 5 read as follows:

1 6 704.1 REASONABLE FORCE.

1 7 "Reasonable force" is that force and no more which

1 8 a reasonable person, in like circumstances, would

1 9 judge to be necessary to prevent an injury or loss and

1 10 can include deadly force if it is reasonable to

1 11 believe that such force is necessary to avoid injury

1 12 or risk to one's life or safety or the life or safety

1 13 of another, or it is reasonable to believe that such

1 14 force is necessary to resist a like force or threat.

1 15 Reasonable force, including deadly force, may be used

1 16 even if an alternative course of action is available



1 17 if the alternative entails a risk to life or safety,

1 18 or the life or safety of a third party, or requires

1 19 one to abandon or retreat from one's dwelling or place


1 20 of business or employment, and a person has no duty to

1 21 retreat, and has the right to stand the person's

1 22 ground, and meet force with force, if the person

1 23 believes reasonable force, including deadly force, is

1 24 necessary under the circumstances to prevent death or

1 25 serious injury to oneself or a third party, or to

1 26 prevent the commission of a forcible felony.

1 27 Sec. . NEW SECTION. 704.4A IMMUNITY.

1 28 1. A person who uses reasonable force shall be

1 29 immune from any criminal prosecution or civil action

1 30 for using such force, unless the person against whom

1 31 such force is used is a peace officer acting within

1 32 the scope of the officer's duties and the peace

1 33 officer identifies the officer's identity, or the

1 34 person knew or reasonably should have known the person

1 35 is a peace officer.

1 36 2. A law enforcement agency may use standard

1 37 investigating procedures for investigating the use of

1 38 force, but the law enforcement agency shall not arrest

1 39 a person for using force unless it determines there is

1 40 probable cause that the force was unlawful under this

1 41 chapter.

1 42 3. If a person is arrested and it is later

1 43 determined by a court or jury that the person was

1 44 justified in using reasonable force under the

1 45 circumstances, the person shall be awarded reasonable

1 46 attorney fees, court costs, compensation for loss of

1 47 any income, and reimbursement of any other expenses

1 48 incurred as a result of being arrested and charged.>

1 49 #2. Title page, by striking lines 1 and 2 and

1 50 inserting the following: House Amendment 1185 continued
2 1 carrying of weapons and the use of reasonable force

2 2 and providing an effective date.>

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2 6 SORENSON of Warren

2 7 HF 746.701 83

2 8 rh/rj/22088


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H-1186


House Amendment 1186
PAG LIN
1 1 Amend House File 746 as follows:

1 2 #1. Page 2, by striking lines 21 through 25 and

1 3 inserting the following: <issued a nonprofessional

1 4 permit to carry weapons. The issuing officer shall

1 5 issue a nonprofessional permit to carry weapons to an

1 6 applicant who meets the requirements of sections 724.8

1 7 through 724.10. Such permits>.

1 8 #2. Page 7, by striking lines 1 through 4 and

1 9 inserting the following: the issuance

1 10 of the permit shall be by and at the discretion of the

1 11 sheriff or commissioner, who the issuing officer

1 12 shall, before issuing the permit, determine that the

1 13 requirements of sections 724.6 to 724.10 have been

1 14 satisfied before issuing the permit. However the>.

1 15 #3. By renumbering as necessary.

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1 19 SCHULTZ of Crawford

1 20 HF 746.501 83

1 21 rh/rj/22837

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H-1187


House Amendment 1187
PAG LIN

1 1 Amend House File 656 as follows:

1 2 #1. Page 20, line 3, by inserting after the word

1 3 the following:

1 4 applications for financial assistance under this

1 5 component, the board shall give priority to projects

1 6 that are ready to begin construction immediately.>

1 7 #2. By renumbering as necessary.

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1 11 KOESTER of Polk

1 12 HF 656.302 83

1 13 tw/rj/22764

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