Bill > A4777

Introduced Session

This bill authorizes a person to use force, including deadly force, against an intruder who is unlawfully in a dwelling, and provides that the person does not have a duty to retreat prior to using force under certain circumstances. Under current law, a person is permitted to use force against another if that person reasonably believes his or her life is in danger, or that an individual intends to inflict serious bodily harm. However, current law imposes a "duty to retreat," which requires a person to refrain from using force if the person to is able to retreat and escape harm. Under current law, the use of force against an intruder in defense of the person's premises or personal property is justifiable only if the person using force first requests the intruder to stop interfering with the property, unless the person reasonably believes that: (1) the request would be useless; (2) it would be dangerous to himself or herself or another person to make the request; or (3) substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made. A person may not, however, use force to defend his or her premises or personal property if the person knows that the exclusion of the intruder will expose himself or herself to substantial danger of serious bodily harm. The burden is on the State to prove beyond a reasonable doubt that the use of force by a person was not justified. Under the bill, the use of force or deadly force against an intruder who is unlawfully in a dwelling is justifiable when the person reasonably believes that the force is immediately necessary for the purpose of protecting himself or another person in the dwelling against the use of unlawful force by the intruder. A reasonable belief exists if the person using force is in his own dwelling at the time the force was used, or was privileged to be there, and reasonably believes that the intruder would inflict personal injury on the person using force or others in the dwelling. A person who uses protective force in accordance with the provisions of the bill does not have a duty to retreat prior to using force.

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Erik Peterson (R)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 12/06/2018)