SB 511

Under current law, 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.

Under current law, a factfinder in a criminal 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 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 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. Current law prohibits a court from considering whether

the person had an opportunity to flee or retreat before he or she used the force.

Under current law, the presumption does not apply if: 1) the person who used

the force was engaged in a criminal activity or was using his or her dwelling, motor

vehicle, or place of business to further a criminal activity; or 2) 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 also confers immunity from civil liability for a person who uses

force that is intended to or likely to cause death or great bodily harm if the person

reasonably believed that the force was necessary to prevent death or 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 dwelling, motor vehicle, or place of business of the person who

used the force; 2) the person who used the force was present in the dwelling, motor

vehicle, or place of business; 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.

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 dwelling, motor vehicle, or place of

business to further a criminal activity; or 2) 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.