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Bill > H3440


SC H3440

SC H3440
Stand Your Ground and Churches


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 16-11-440, Relating To The Presumption Of Reasonable Fear Of Imminent Peril When Using Deadly Force Against Another Unlawfully Entering A Residence, Occupied Vehicle, Or Place Of Business, So As To Add Church Or Place Of Worship To The Locations Where A Person, In Certain Circumstances, Has No Duty To Retreat; And By Adding Section 16-11-445 So As To Establish A Presumption That A Person Is Justified In Using Deadly Force In Self Defense If The Person Is In A Church Or Place Of Worship In Certain Circumstances.

AI Summary

This bill expands South Carolina's "Stand Your Ground" law to provide additional legal protections for individuals using deadly force in self-defense within churches and places of worship. Specifically, the bill amends existing law to clarify that a person who is not engaged in unlawful activity has no duty to retreat and can use force, including deadly force, when attacked in a church if they reasonably believe such force is necessary to prevent death, great bodily injury, or the commission of a violent crime. The bill further establishes a legal presumption that a person is justified in using deadly force in a church if they reasonably believe someone is using or about to use physical force against an employee, volunteer, church member, or authorized person while attempting to commit a serious crime like robbery, kidnapping, or a crime that could result in death or serious injury. The presumption of justified force does not apply if the person using deadly force is themselves engaged in an unlawful activity. The bill would take effect upon the Governor's approval, modifying existing self-defense statutes to provide broader protections for individuals in religious settings.

Committee Categories

Justice

Sponsors (3)

Last Action

Referred to Committee on Judiciary (on 01/14/2025)

bill text


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