|
REFERENCE TITLE: justification; deadly force; law enforcement |
|
State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
|
|
SB 1511 |
|
|
|
Introduced by Senator Quezada: Representative Andrade
|
AN ACT
amending section 13‑410, 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 13-410, Arizona Revised Statutes, is amended to read:
13-410. Justification; use of deadly physical force in law enforcement; definition
A. The threatened use of deadly physical force by a person against another is justified pursuant to section 13‑409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:
1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or
2. A felon who has escaped from lawful confinement; or
3. A felon who is fleeing from justice or resisting arrest with physical force.
B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13‑409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.
C. The use of deadly force by a peace officer against another person is justified pursuant to section 13‑409 only when the peace officer reasonably believes, based on the totality of the circumstances, that it is necessary:
1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.
2. To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:
(a) Has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.
(b) Is attempting to escape by use of a deadly weapon.
(c) Through past or present conduct of the person which that is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless the person is immediately apprehended without delay.
(d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.
D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force.
D. The use of deadly physical force is imminent when, based on the totality of the circumstances, a reasonable peace officer in the same situation would believe that a person has the present ability, opportunity and apparent intent to immediately cause death or serious physical injury to the peace officer or a third person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
E. For the purposes of this section, "totality of the circumstances" means all the facts known to the peace officer at the time, including the conduct of the peace officer leading up to the use of deadly force.