Bill Text: IA HF310 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the defenses of justification and diminished capacity for certain violent crimes.(Formerly HSB 11.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2021-02-17 - Subcommittee: Whiting, Bisignano, and Johnson. S.J. 391. [HF310 Detail]
Download: Iowa-2021-HF310-Introduced.html
House
File
310
-
Introduced
HOUSE
FILE
310
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
11)
A
BILL
FOR
An
Act
relating
to
the
defenses
of
justification
and
diminished
1
capacity
for
certain
violent
crimes.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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310
Section
1.
Section
704.6,
Code
2021,
is
amended
to
read
as
1
follows:
2
704.6
When
defense
defenses
not
available.
3
1.
The
defense
of
justification
is
not
available
to
the
4
following:
5
1.
a.
One
A
person
who
is
participating
in
a
forcible
6
felony,
or
riot,
or
a
duel.
7
2.
b.
One
A
person
who
initially
provokes
the
use
of
force
8
against
oneself
the
person’s
self
,
with
the
intent
to
use
such
9
force
as
an
excuse
to
inflict
injury
on
the
assailant.
10
3.
c.
One
A
person
who
initially
provokes
the
use
of
11
force
against
oneself
the
person’s
self
by
one’s
the
person’s
12
unlawful
acts,
unless:
13
a.
(1)
Such
force
is
grossly
disproportionate
to
the
14
provocation,
and
is
so
great
that
the
person
reasonably
15
believes
that
the
person
is
in
imminent
danger
of
death
or
16
serious
injury
or
17
b.
(2)
The
person
withdraws
from
physical
contact
with
18
the
other
and
indicates
clearly
to
the
other
that
the
person
19
desires
to
terminate
the
conflict
but
the
other
continues
or
20
resumes
the
use
of
force.
21
2.
The
defenses
of
justification
and
diminished
capacity
22
are
not
available
to
a
person
who
is
the
subject
of
a
23
nonviolent
sexual
advance
who
commits
a
violent
crime,
as
24
defined
in
section
915.10,
or
who
commits
an
assault
as
defined
25
in
section
708.1,
upon
another
person
as
the
result
of
the
26
person’s
discovery
of,
knowledge
about,
or
potential
disclosure
27
of,
the
victim’s
sex,
sexual
orientation,
or
gender
identity.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
specifies
that
the
defenses
of
justification
and
32
diminished
capacity
are
not
available
when
a
person
who
is
the
33
subject
of
a
nonviolent
sexual
advance
commits
a
violent
crime
34
or
an
assault
upon
another
person
as
the
result
of
that
sexual
35
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310
advance
or
solely
as
a
result
of
the
person’s
discovery
of,
1
knowledge
about,
or
potential
disclosure
of
the
victim’s
sex,
2
sexual
orientation,
or
gender
identity.
3
Code
section
915.10
defines
“violent
crime”
as
a
forcible
4
felony,
as
defined
in
Code
section
702.11,
and
includes
any
5
other
felony
or
aggravated
misdemeanor
which
involved
the
6
actual
or
threatened
infliction
of
physical
or
emotional
injury
7
on
one
or
more
persons.
Code
section
708.1
defines
assault.
8
A
person
commits
an
assault
when,
without
justification,
the
9
person
does
any
of
the
following:
any
act
which
is
intended
10
to
cause
pain
or
injury
to,
or
which
is
intended
to
result
11
in
physical
contact
which
will
be
insulting
or
offensive
to
12
another,
coupled
with
the
apparent
ability
to
execute
the
act;
13
any
act
which
is
intended
to
place
another
in
fear
of
immediate
14
physical
contact
which
will
be
painful,
injurious,
insulting,
15
or
offensive,
coupled
with
the
apparent
ability
to
execute
the
16
act;
and
intentionally
points
any
firearm
toward
another,
or
17
displays
in
a
threatening
manner
any
dangerous
weapon
toward
18
another.
19
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