RIGHT TO DEFEND: CIVIL IMMUNITY S.B. 1185: COMMITTEE SUMMARY
Senate Bill 1185 (as introduced 3-22-06)
Sponsor: Senator Ron Jelinek
Committee: Judiciary
Date Completed: 5-15-06
CONTENT
The bill would amend the Revised Judicature Act to specify that an individual who used force in compliance with the proposed "Self-Defense Act", and who was not engaged in committing a crime at the time he or she used that force, would be immune from civil liability for the use of that force. The bill specifies that this provision would not grant immunity for damages caused to an individual other than the one against whom the use of force was authorized under the proposed Act.
The court would have to award the payment of actual and reasonable attorney fees and costs to an individual who was alleged to have used force against another individual, if the court determined that the use of force was in compliance with the Self-Defense Act and that the individual was immune from civil liability under the bill.
The bill is tie-barred to House Bill 5143, which proposes the Self-Defense Act, and House Bill 5153, which would establish criminal immunity for a person who used force in compliance with the Self-Defense Act.
Proposed MCL 600.2922b Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Stephanie Yu
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1185/0506