Amendment H-1123 to HF 945
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
Adopted · March 24, 2025
Filed March 18, 2025 in the House by
What it changes
AI summary This amendment expands the immunity to include protection from all damages incurred by the aggressor and clarifies that immunity applies to criminal prosecution. It also adds a rule that if a defendant's request for a pretrial immunity hearing is denied, they still have the right to argue for that immunity or other defenses during their trial.1
Read the amendment’s wording
- Page 1, by striking lines 6 through 8 and inserting “or property pursuant to section 704.4 is immune from criminal or prosecution, criminal liability for all damages, and civil liability for all damages incurred by the aggressor pursuant to the application of reasonable force.”
- Page 1, line 12, after “immune” by inserting “from criminal prosecution”
- Page 1, after line 22 by inserting: “
- A defendant in a criminal action may raise any defense or immunity granted by this chapter as a trial defense. The denial of a defendant’s pretrial motion under this section shall not preclude the defendant’s right to raise any affirmative defense or immunity at trial.”