AB 820

Under current law, in general, a person may use force in self-defense or in the

defense of another person if: 1) the amount of force used is reasonable under the

circumstances; and 2) the person reasonably believes using the force is necessary to

stop an unlawful interference with himself or herself or another person, such as the

crime of battery.

Under current law, a fact finder in a criminal case or a civil case involving a

person's use of force intended to or likely to cause death or great bodily harm must

presume that the person reasonably believed the force was necessary to prevent

death or 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 forcibly entered, the dwelling, motor vehicle,

or, in the case of a business owner or operator, place of business, of the person who

used the force; 2) the person was present in that dwelling, motor vehicle, or place of

business; and 3) the person knew or reasonably believed that an unlawful and

forcible entry was occurring or had occurred.

Under current law, the presumption that the person reasonably believed the

force was necessary does not apply if the individual against whom the force was used

had identified himself or herself as a public safety worker (or was or should have been

known to be a public safety worker) and was entering the dwelling, motor vehicle,

or place of business in the performance of his or her official duties. Current law

defines a "public safety worker" as a licensed emergency medical technician, a

certified first responder, a peace officer, a fire fighter, or a person operating or staffing

an ambulance.

This bill defines a "public safety, health, or welfare worker" as a public safety

worker, a certified, licensed, or otherwise practicing social worker, a school social

worker, a mental health worker, a human services or social services worker, or a

public health worker. Under the bill, the presumption that the person reasonably

believed the force was necessary does not apply if the individual against whom the

force was used had identified himself or herself as a public safety, health, or welfare

worker (or was known or should have been known by the person who used force to

be a public safety, health, or welfare worker) and was entering the dwelling, motor

vehicle, or place of business in the performance of his or her official duties.