REFERENCE TITLE: justification; deadly physical force exceptions

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1339

Introduced by

Senators Mendez: Diaz, Gonzales, Hatathlie, Hernandez, Sundareshan; Representative Salman

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:

START_STATUTE13-405. Justification; use of deadly physical force; exceptions

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 is not justified in threatening or using deadly physical force against another if the person either:

1. Leaves a place of safety and 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.

B. C. 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. END_STATUTE