SB 129

In general, a person who uses force in self-defense or in the defense of another

person may not be convicted of a crime stemming from that use of force. This law

applies only when: 1) the amount of force used is reasonable; and 2) the person uses

that force to prevent or stop what he or she reasonably believes is an unlawful

interference with himself or herself or another person, such as the crime of battery.

Current law specifies that a person may use force that is intended or likely to cause

the death of or great bodily harm to another individual only if the person reasonably

believes that using such force is necessary to prevent the imminent death of or great

bodily harm to himself or herself or another person.

Under this bill, if a person used defensive force that was intended or likely to

cause death or great bodily harm, the court must presume that the person reasonably

believed that the force was necessary to prevent death or great bodily harm if: 1) the

individual against whom the force was used was in the process of unlawfully and

forcibly entering, or had already unlawfully and forcefully entered, the residence of

the person who used the force; 2) the person was present in that residence; and 3) the

person knew or had reason to believe that an unlawful and forcible entry was

occurring or had occurred. This presumption, however, does not apply if: 1) the

person who used the force was engaged in an unlawful activity or was using his or

her residence to further an unlawful activity; or 2) the individual against whom the

force was used had identified himself or herself as a peace officer (or was or should

have been known to be a peace officer) and was entering the residence in the

performance of his or her official duties.