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REFERENCE TITLE: justification; deadly physical force; exceptions |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1437 |
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Introduced by Senator Gallardo
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AN ACT
amending section 13‑405, 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:
13-405. Justification; use of deadly physical force; duty to retreat
A. A person is justified in threatening or using deadly physical force against another:
1. If such the person would be justified in threatening or using physical force against the other under section 13‑404, and
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.
B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act. this subsection does not apply to a person who either:
1. Leaves a place of safety and, under circumstances that a reasonable person would know could lead to a confrontation, actively pursues the other person who is engaged in a lawful activity.
2. Pursues the other person after a law enforcement officer requests that the person retreat to a place of safety.