12-716

12-716. Injury during criminal acts; civil
actions; presumptions; definitions

A. If the court finds by a preponderance of the evidence that a plaintiff is harmed
while the plaintiff is attempting to commit, committing or fleeing after having committed
or attempted to commit a felony criminal act or if a person intentionally or knowingly
caused temporary but substantial disfigurement or temporary but substantial impairment of
any body organ or part or a fracture of any body part of another person, the following
presumptions apply to any civil liability action or claim:

1. A victim or peace officer is presumed to be acting reasonably if the victim or
peace officer threatens to use or uses physical force or deadly physical force or a
police tool product to either:

(a) Protect himself or another person against another person's use or attempted use
of physical force or deadly physical force.

(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.

2. This state or a political subdivision of this state is presumed to have
reasonably hired and trained its peace officers to use physical force or deadly physical
force if a peace officer threatens to use or uses physical force or deadly physical force
to either:

(a) Protect himself or another person against another person's use or attempted use
of physical force or deadly physical force.

(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.

3. The police tool product that caused the physical harm and any accompanying
warning or instruction are presumed not to be defective and the manufacturer of police
tools is presumed not to be negligent if, before the sale by the manufacturer, the
product either:

(a) Conforms with the generally recognized state of the art applicable to the
safety and warnings of the product at the time the product was designed, manufactured,
packaged and labeled.

(b) Complies with any applicable code, standard, regulation or specification that
is established, adopted, promulgated or approved by the United States or this state or
any agency of the United States or this state.

B. If a party files a motion to dismiss or a motion for summary judgment pursuant
to this section and the court grants the motion, the court shall award the moving party
costs and attorney fees.

C. For the purposes of this section:

1. "Costs" means all costs that are reasonably incurred in connection with the
motion, including filing fees, record preparation and document copying fees, time away
from employment, expert witness fees, travel expenses and any other costs that the court
deems appropriate.

2. "Plaintiff" includes the heir or estate of a deceased person who was attempting
to commit, committing or fleeing after having committed or attempting to commit a felony
or misdemeanor criminal act or was under the influence of an intoxicating liquor or a
drug.

3. "Police tool product" means any weapon, safety equipment or product that is used
by law enforcement.