http://www.thedailysentinel.com/story.lasso?ewcd=b2d1b10cf959f085
August 10, 2005
The bill has been pre-filed for the upcoming 2006 regular session of the legislature. Hall said that 60 co-sponsors have joined him in support of this bill.
“Your home is the family castle and refuge; this bill will give the citizens a right to protect and defend their home from intruders and themselves from possible subsequent litigation,” Hall stated.
Hall said if the governor calls another special session prior to the regular session, he plans to ask the governor to include this bill in the call.
The bill would expand the circumstances under which a person may use force, including deadly force, to defend himself or herself or another person against an aggressor. The bill would make legal presumptions that a person is justified in using deadly force against an aggressor and would not require a person to retreat from an aggressor intruding into an dwelling, residence or vehicle.
Also, the bill would provide immunity from criminal prosecution and civil action for persons justified in using defensive force against an aggressor and would allow the court to award certain fees and expenses to persons immune from civil action if they were sued.
According to the bill, a person would be justified “in using physical force to defend himself or herself or another person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person and may use a degree of force which he or she reasonably believes to be necessary or the purpose.”
The bill states that
a person is legally presumed to be justified in using deadly physical
force in self-defense or in defense of another person if they believe
the aggressor is:
“•Using or about to use unlawful deadly physical force;
•Using or about to use physical force against an occupant of a dwelling
while committing or attempting to commit a burglary;
•Committing or about to commit a kidnapping in any degree, assault in
the first or second degree, burglary in any degree, robbery in any
degree, forcible rape or forcible sodomy;
•In the process of unlawfully or forcefully entering or has unlawfully
and forcefully entered a dwelling, residence or occupied vehicle, or is
attempting to remove or has forcefully removed a person against his or
her will from any dwelling residence or occupied vehicle when the person
has a legal right to be there and provided that the person using the
deadly force knows or has reason to believe that an unlawful and
forcible entry or unlawful and forcible act is occurring or has
occurred.”
The legal assumption that a person using deadly physical force is
justified does not apply if the person against whom the action was taken
has a legal right to be in the dwelling, is under the lawful custody of
the person against whom action was taken, is engaged in an illegal act
or the person against whom action was taken is a law enforcement officer
acting in his official duties.
A person is also not justified in using physical force if it could
reasonably have been avoided by retreating. A person is not required to
retreat if they are in their own dwelling or place of work and were not
the original aggressor, is a peace officer or is defending against an
unlawful forcible entry.
A person is not justified in using physical force if they provoke
unlawful physical force in the other person or the physical force was a
product of a combat by agreement by the participants.
The bill would also allow the court to award “reasonable attorney’s
fees, court costs, compensation for loss of income, and all expenses
incurred by a defendant of any civil action brought by a plaintiff if
the court finds that the defendant is immune from civil action.”
The bill is set to become effective on Oct. 1, 2006 following its
passage and approval by the governor or its otherwise becoming law.