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IA HSB213
SB
Status
2/19/2025
Primary Sponsor
Judiciary
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AI Summary
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Amends Iowa Code Section 704.13 to establish a pretrial hearing process for defendants in criminal cases to assert immunity claims based on justified use of reasonable force in self-defense, defense of others, or property defense
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Requires defendants to file an immunity motion at least 45 days before trial; the court must then conduct a pretrial hearing to determine immunity eligibility
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Places the burden of proof on the state to overcome immunity claims by clear and convincing evidence once the defendant establishes a prima facie case of immunity
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Mandates dismissal with prejudice if the state fails to overcome the immunity claim; case proceeds to trial if the state successfully overcomes the claim
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Allows defendants in civil actions to raise immunity as an affirmative defense under civil procedure rules
Legislative Description
A bill for an act providing for a hearing to determine immunity from criminal or civil liability following a use of reasonable force in defense of one's self, others, or property.(See HF 945.)
Last Action
Committee report approving bill, renumbered as HF 945.
3/12/2025