Bill
HF 668
HF 668 grants immunity from criminal or civil liability for justifiable use of reasonable force, with a presumption of reasonableness and a fast, clear pretrial immunity process.
HF 668 seeks to provide immunity from criminal or civil liability in cases involving the justifiable use of reasonable force. The bill introduces a presumption of reasonableness for force used to defend a person, another person, or property from what the user reasonably believes to be unlawful force. It also creates specific procedural steps for pretrial immunity determinations and outlines how immunity would interact with criminal prosecutions and civil actions.
Presumption of justified use of force. There shall be a presumption that the person reasonably believed the use of force was necessary to defend against what the person reasonably believed to be the use or imminent use of unlawful force by another person.
Investigation and arrest framework. A law enforcement agency may investigate the use or threatened use of force, but may not arrest the person for using or threatening to use force unless there is probable cause to believe the force used or threatened was unlawful.
Pretrial immunity hearing. In a criminal prosecution or civil action, once the justified use of force immunity has been raised, the burden of proof to overcome the immunity is on the party seeking to do so, and that burden is to be met by clear and convincing evidence. The court must hold a pretrial immunity hearing within 14 days of the person filing a motion to dismiss on immunity grounds.
Judicial determinations tied to immunity. A probable cause determination that the defendant committed the crime and should stand trial must include a determination that the person’s use of force was not justified.
Scope of immunity. The bill provides that immunity applies to criminal or civil liability for all damages incurred in connection with the justifiable use of reasonable force.
Individuals who use or threaten to use force in self-defense, defense of others, or defense of property (who may be presumed justified).
Civil plaintiffs asserting damages related to the use of force (potentially barred or limited by immunity).
Law enforcement agencies, which would assess and determine whether there is probable cause to arrest in cases involving force.
Pretrial immunity hearing timing: Within 14 days of a motion to dismiss on immunity grounds being filed.
Burden of proof: After immunity is raised, the party seeking to overcome immunity must prove it by clear and convincing evidence.
Immune determination in prosecution: Any probable cause determination that the defendant should stand trial must also include a finding that the use of force was not justified.
Creates a stronger procedural framework around immunity for justifiable force, potentially reducing civil liability exposure for individuals who reasonably defend themselves or others.
Introduces a fast-tracked pretrial immunity process with a relatively short 14-day hearing timeline.
Shifts some evidentiary burdens to the party seeking to overcome immunity, requiring clear and convincing evidence.
May influence how prosecutors approach cases involving use-of-force allegations and how civil plaintiffs pursue related claims.
This summary reflects the introduced text of HF 668 and notes its current status and sponsors. As with any bill, final content and applicability could change through amendments during the legislative process.
Compiled from official sources — confirm details with the bill’s official record.
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