Introduced
by
To create a new law establishing that a person who uses deadly force for self defense in his or her home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that a person who unlawfully and forcibly enters one of these is presumed is to be doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute. Also, to establish that a law-abiding person who is attacked in any other place where he or she has a right to be, has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm.
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that does not presume that a person who breaks and enters into a dwelling or occupied vehicle is presumed to be doing so with the intent to committ an unlawful or violent act, and thus may me shot without first retreating. Instead, bill instead establishes a rebuttable presumption that this is the case.
The substitute passed by voice vote
Amendment offered
by
To remove provision that a person who breaks and enters into a dwelling or occupied vehicle is presumed to be doing so with the intent to committ an unlawful or violent act. The bill instead establishes a rebuttable presumption that this is the case.
The amendment passed by voice vote
Amendment offered
by
To name the bill the "Dr. Ossian Sweet self-defense act".
The amendment passed by voice vote
Passed in the House 90 to 16 (details)
To create a new law establishing that a person who uses deadly force for self defense in his or her home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that there is a rebuttable presumption that a person who unlawfully and forcibly enters one of these is doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute. Also, to establish that a law-abiding person who is attacked in any other place where he or she has a right to be, has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm.
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that reflects that its home defense provisions are now in Senate Bill 1046.
The substitute passed by voice vote
Amendment offered
by
To not name the main bill in the package the "Dr. Ossian Sweet Self Defense Act".
The amendment passed by voice vote
Passed in the Senate 28 to 10 (details)
To establish that a law-abiding person who is attacked in any place where he or she has a right to be has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm. See also Senate Bill 1046, which places the "castle docrine" regarding home defense in law.
Passed in the House 90 to 17 (details)
