SB 79

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 to himself

or herself or to another person 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 reasonably believed 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 a criminal

activity or was using his or her residence to further a criminal 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.

Under the bill, a person who uses force that is intended or likely to cause death

or great bodily harm is immune from civil liability if the person reasonably believed

that the force was necessary to prevent death or great bodily harm to himself or

herself or to another person and if: 1) the individual against whom the force was used

was in the process of unlawfully and forcibly entering, or had already forcibly

entered, the residence of the person who used the force; 2) the person who used the

force was present in the residence; and 3) the person who used the force knew or had

reason to believe that an unlawful and forcible entry was occurring or had occurred.

Under the bill for purposes of civil immunity, a person is not presumed to have

reasonably believed that the force was necessary if: 1) the person who used the force

was engaged in a criminal activity or was using his or her residence to further a

criminal 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.

Under the bill, if a court finds that person who is sued in civil court is immune

from liability, the person is entitled to attorney fees, court costs, compensation for

income loss, and other expenses the person incurred to defend himself or herself

against the civil action.