PREFILED    DEC 29 2009

REFERENCE TITLE: justification; defensive display; firearm

State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010

SB 1021

Introduced by Senator Pearce R; Representatives Burges, Gowan: Senators Allen S, Harper; Representative Crump

 

AN ACT

 

amending sections 13-405 and 13-415, Arizona Revised Statutes; relating to justification.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-405, Arizona Revised Statutes, is amended to read:

START_STATUTE13-405.  Justification; use of deadly physical force

A person is justified in threatening or using deadly physical force against another if both of the following apply:

1.  If such the person would be justified in threatening or using physical force against the other under section 13‑404, and or defensively displaying a firearm under section 13-421.

2.  When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force. END_STATUTE

Sec. 2.  Section 13-415, Arizona Revised Statutes, is amended to read:

START_STATUTE13-415.  Justification; domestic violence

If there have been past acts of domestic violence as defined in section 13‑3601, subsection A against the defendant by the victim, the state of mind of a reasonable person under sections 13‑404, 13‑405, and 13‑406 and 13-421 shall be determined from the perspective of a reasonable person who has been a victim of those past acts of domestic violence. END_STATUTE