Worries over proposal to expand 'castle doctrine'

DES MOINES - Prosecutors and public safety officials raised red flags over a proposal to change Iowa's so-called “castle doctrine” that allows people to defend themselves in their homes and workplaces.

House File 7 expands the castle doctrine to any place a person has a reasonable right to be. That would include a vehicle or social settings.

Rather than resolve or alleviate disputes that could result in violence, a Polk County prosecutor said, the change could send the opposite message. Jeff Noble told a House Public Safety subcommittee the bill has been dubbed “House File 007 - License to Kill.”

Several states either have adopted or are considering laws designed to give people expanded legal rights to protect themselves in their homes, cars or businesses. The title stems from the idea that “one's home is one's castle.”

The bill makes some exceptions if the person entering a home is a law enforcement officer. However, some opponents say HF 7 would lead to an increase in violent confrontations. Trespassers or burglars might be killed even if they aren't truly threatening anyone's life, they say.

The current law sends a message that a person in a potentially violent situation “has a responsibility to de-escalate,” Noble said.

The proposed change “sends a message to stand there and escalate,” he said. “If someone is giving you a hard time, stand there and go toe-to-toe.”

Subcommittee Chairman Rep. Matt Windschitl, R-Missouri Valley, said the bill doesn't encourage escalation but simply expands the areas where people can use reasonable force to defend themselves or others.

The bill also would provide immunity from prosecution and civil lawsuits if a person uses reasonable force in the face of a forcible felony, he said.

But determining what qualifies as a forcible felony is “surprisingly difficult,” said Ross Loder of the Department of Public Safety. Sexual abuse is usually a forcible felony, he said. If an 18-year-old is committing a voluntary sex act with a 14-year-old, it's not considered a forcible felony. With a 13-year-old, it is.

Questions also were raised about whether the bill provides immunity if an innocent third party is killed during a person's self-defense.

What if an “intruder” is a neighbor asking to borrow a cup of sugar, wondered Rep. Bob Kressig, D-Cedar Falls.

HF 7 would not provide a “blanket exemption if your neighbor walks in and you use a 12-gauge to say ‘Hello,'” Windschitl said.

Windschitl said an amendment being drafted will likely answer many of the questions about the bill. A second subcommittee meeting is planned, and Public Safety Committee Chairman Clel Baudler, R-Adair, said he may submit his own “castle doctrine” bill.