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.

2025-2026 Regular Session

Allows pretrial, clear-and-convincing review of immunity for using reasonable force in self-defense, potentially dismissing cases with prejudice if not overcome.

Explanation of vote.

#civilliability #criminalprocedure #immunity #reasonableforce

Purpose

HF 945 amends Iowa Code section 704.13 to create a specific pretrial procedure for defendants who claim immunity after using reasonable force in defense of themselves, others, or property (see cross-reference to section 704.4). The bill establishes when and how immunity claims are litigated, the standard of proof at a pretrial hearing, and the consequences if the State cannot overcome an immunity claim. It also clarifies how immunity may be asserted in civil cases and at trial.

Key provisions

Amends Iowa Code § 704.13 (Immunity).

Substance:

Confirms that a person justified in using reasonable force in defense of self, others, or property is immune from criminal prosecution and from civil liability for damages incurred by the aggressor as a result of that reasonable force.
Allows a criminal defendant to file a pretrial motion asserting the immunity in § 704.13 not less than 45 days before trial.
Requires the court to hold a pretrial hearing to determine whether the defendant is immune from criminal prosecution.
Burden shifting at the hearing:
If the court finds the defendant has established a prima facie claim of immunity, the State must prove by clear and convincing evidence that the claim of immunity is overcome.
If the State meets that burden, the criminal case proceeds to trial under the criminal procedure rules.
If the State fails to meet that burden, the case must be dismissed with prejudice.
In civil actions, defendants may raise the immunity as an affirmative defense under the rules of civil procedure.
A defendant in a criminal action may still raise any defense or immunity at trial; denial of the pretrial immunity motion does not bar raising the same defenses at trial.

Who is affected

Criminal defendants who assert they used reasonable force in self-defense, defense of others, or defense of property.

Prosecutors, who bear a clear-and-convincing proof burden at pretrial hearings when a prima facie claim of immunity is found.

Civil plaintiffs and defendants in cases arising from use of reasonable force (defendants can plead immunity as an affirmative defense).

Courts, which must schedule and resolve pretrial immunity hearings and apply the statutory standards.

Procedural/timeline details & status

Motion timing: must be filed at least 45 days before trial.

Pretrial hearing required; dismissal with prejudice if the State does not overcome immunity by clear and convincing evidence.

Legislative actions:

Introduced: March 12, 2025.
Amendment H-1123 filed March 18, adopted March 24.
Passed House March 24, 2025 — yeas 89, nays 6; immediate message sent March 24.
Other entries: subcommittee activity March 27; explanations of vote March 25 and April 22.

Potential impacts / considerations

Strengthens procedural protections for defendants claiming self-defense by providing an early, high-standard (clear and convincing) review that can terminate prosecutions (dismissal with prejudice).

May reduce the number of cases going to trial where immunity is plausibly established; increases prosecutorial burden at pretrial stage.

Civil plaintiffs may face bar to recovery where immunity applies; defendants gain an explicit affirmative-defense route.

Courts will need to apply the prima facie and clear-and-convincing standards at pretrial hearings, which may generate litigation over evidentiary standards and timing.

Bill