House of Representatives

SB 1145

self-defense; home protection

Sponsors: Senator Bee, Senator Allen, Senator Burns, et al.

 

DPA

Committee on Judiciary

DPA

Caucus and COW

X

As Transmitted to Governor

This bill as introduced contains an Emergency clause.

 

SB 1145 creates a new justification for the use of physical and deadly physical force, and requires the state to prove beyond a reasonable doubt that a defendant did not act with justification if the defendant presents evidence of self-defense.

 

History

A.R.S. § 13-105 defines physical force as force used upon or directed toward the body of another person, including confinement but not including deadly physical force.  Deadly physical force is defined as force used with the purpose of causing death or serious physical injury or in the manner it is used it is capable of creating a substantial risk of causing death or serious physical injury.   

 

A.R.S. Title 13, Chapter 4 governs the justification of the use of force in different situations.   A person is justified in using or threatening deadly physical force when and to the extent a reasonable person would believe that physical or deadly physical force is immediately necessary to protect himself against the other’s use of unlawful physical or deadly physical force (A.R.S. § 13-405).  Additionally, a person is justified in threatening or using physical or deadly physical force against another to protect a third person if:

1.      Under the circumstances, the person would be justified in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person, and

2.      A reasonable person would believe that intervention is immediately necessary to protect the third person (A.R.S. § 13-406).

A person is also justified in using/threatening both physical and deadly force if the person believes that the force is immediately necessary to prevent the other person’s commission of a specific list of offenses (A.R.S. § 13-411).  This section states that there is no duty to retreat before threatening or using force and a person is presumed to be acting reasonably if he is acting to prevent the commission of any of the enumerated offenses.

 

Provisions

·          Justifies a person in using both physical and deadly physical force against another if the person reasonably believes himself or another to be in imminent peril of death or serious physical injury and:

­       The person that force is being used against was in the process of unlawfully or forcefully entering a residential structure or occupied vehicle or was attempting to remove another person against the person’s will from the residential structure or occupied vehicle.

·          Applies the presumptions contained in the bill to the following self-defense statutes:

-         A.R.S. § 13-404  Justification; self-defense

-         A.R.S. § 13-405  Justification; use of deadly physical force

-         A.R.S. § 13-406  Justification; defense of a third party

-         A.R.S. § 13-407  Justification; use of physical force in defense of premises

-         A.R.S. § 13-408  Justification; use of physical force in defense of property

-         A.R.S. § 13-418 Justification; use of force in defense of residential structure or occupied vehicles

·          Presumes that a person is acting reasonably if the person is acting against another who unlawfully or forcefully entered the person’s residential structure or occupied vehicle.

·          States that this presumption does not apply if:

­       The person force was used against:

Ř      Had the right to be in/was the lawful resident of the residential structure or vehicle.

Ř      Was the parent/grandparent/legal guardian of a child being removed from the residential structure or occupied vehicle.

Ř      Is a law enforcement officer entering/attempting to enter a residential structure or occupied vehicle.

­       The person using physical or deadly physical force:

Ř      Is engaged in unlawful activity.

·          States that a person has no duty to retreat before threatening/using physical or deadly physical force.

·          States that justification defenses are not affirmative defenses.

·          Requires the state to prove beyond a reasonable doubt that the defendant did not act with justification under the self-defense statutes if the defendant presents evidence of justification. 

·          States that the court shall award reasonable costs in the defense of any civil action based on conduct justified by this section if the defendant prevails in the civil action. 

·          Clarifies within the existing use of force in crime prevention statute (A.R.S. § 13-411) that the statute is not limited to the use of force in a person’s home, residence, place of business, land the person owns or leases, conveyance of any kind or any other place in this state where a person has a right to be.  The accompanying intent language from 1983 is also stricken.

·          Defines vehicle as a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.

·          Makes other technical and conforming changes. 

·          Contains an emergency clause.

 

 

 

 

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Forty-seventh Legislature

Second Regular Session          2          April 20, 2006

 

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