REFERENCE TITLE: duty to retreat; repeal.

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2300

Introduced by

Representatives Austin: Contreras P, Crews, Gutierrez, Ortiz, Sandoval, Villegas

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

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. END_STATUTE