Bill > S539

Introduced Session

This bill, the "New Jersey Right to Home Defense Law," authorizes a person to use force, including deadly force, in those instances where the person reasonably fears imminent peril of death or serious bodily harm from an intruder or attacker in his home or residence. The bill sets forth the circumstances under which a person is presumed to have a reasonable fear of imminent peril of death or serious bodily harm. Those circumstance include instances where a individual: (1) is in the process of unlawfully and forcefully entering a home or residence; (2) has unlawfully and forcibly entered a home or residence; or (3) has removed, or is attempting to unlawfully remove another, against that person's will, from a home or residence; or (4) when the actor knows or reasonably believes that an unlawful and forcible entry is occurring or has occurred; or (5) when the actor knows or reasonably believes that an unlawful and forcible act is occurring or has occurred. The bill clarifies that a person presumed to have a reasonable fear of imminent peril of death or serious bodily harm to himself or another in his home or residence has no duty to retreat and is justified in using force, including deadly force, if he reasonably believes it is necessary to do so to prevent death or serious bodily harm to himself or another. Finally, the bill provides immunity, both criminal and civil, for any person who is justified in using force. Under the bill, the court is authorized to award reasonable attorney's fees, court costs, compensation for loss of income and all expenses incurred by a defendant who is wrongly subject to a civil action.

Committee Categories

Kristin Corrado (R)*,  Kevin O'Toole (R)*,  Anthony Bucco (R),  Steven Oroho (R), 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/12/2016)