Act No. 309

Public Acts of 2006

Approved by the Governor

July 18, 2006

Filed with the Secretary of State

July 20, 2006

EFFECTIVE DATE: October 1, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Rep. Jones

ENROLLED HOUSE BILL No. 5143

AN ACT to clarify the rights and duties of self-defense and the defense of others.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the "self-defense act".

Sec. 2. (1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:

(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.

(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.

Sec. 3. Except as provided in section 2, this act does not modify the common law of this state in existence on October1, 2006 regarding the duty to retreat before using deadly force or force other than deadly force.

Sec. 4. This act does not diminish an individual's right to use deadly force or force other than deadly force in self-defense or defense of another individual as provided by the common law of this state in existence on October 1, 2006.

Enacting section 1. This act takes effect October 1, 2006.

Enacting section 2. This act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:

(a) Senate Bill No. 1046.

(b) Senate Bill No. 1185.

(c) House Bill No. 5142.

(d) House Bill No. 5153.

(e) House Bill No. 5548.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor