Bill No.: HB0137                  Drafter:  MDO

 

LSO No.:  08LSO-0195              Effective Date:  7/1/2008

 

Enrolled Act No.:  <enrnum>

 

Chapter No.:       <chptnum>

 

Prime Sponsor:     Representative Quarberg

 

Catch Title:       Castle doctrine.

 

Subject:  Codification of specified portions of the use of force doctrine.

 

Summary/Major Elements:

 

·         Creates a presumption that a person held a reasonable fear of imminent peril of death or serious bodily injury when using deadly force to defend himself or another if:

o        The intruder against whom the deadly force was applied was breaking into, or had broken into a home or habitation or was removing someone against their will from the home or habitation; and

o        The person using the deadly force knew that the unlawful entry or unlawful act was occurring.

 

·         The presumption does not apply if the deadly force was used against:

o        The rightful owner, or a person who had a legal right to be in the occupied structure;

o        In a case of deadly force being used because a person was removing another against his will, the person being removed was the child, grandchild or in the lawful custody of the person against whom the deadly force was used;

o        The person against whom the deadly force was used was a peace officer in the performance of his official duties.

 

·         Creates a presumption that when a person unlawfully and by force enters or attempts to enter another's home or habitation he is doing so with the intent to commit an unlawful act involving force or violence.

 

·         Grants civil immunity to a person who uses force as reasonably necessary in defense of his person, property or abode or to prevent injury to another.

 

Comments:  Final action on this bill was not taken at the time this summary was prepared.  Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.