HB-5143, As Passed House, April 25, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5143

 

 

                      (As amended April 25, 2006)

 

 

 

 

 

 

 

 

 

 

     A bill to clarify the rights and duties of self-defense and

 

the defense of others; and to provide for certain remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the ["Dr.

 

Ossian Sweet self-defense act".]

 

     Sec. 2. (1) An individual 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 actually 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 actually 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 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 actually 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. (1) Except as provided in subsection (2), it is a

 

rebuttable presumption that an individual who uses force under

 

section 2 has an actual and reasonable fear that imminent death of,

 

sexual assault of, or great bodily harm to himself or herself or

 

another individual will occur if both of the following apply:

 

     (a) The individual against whom force is used is in the

 

process of breaking and entering a dwelling or committing home

 

invasion or has broken and entered a dwelling or committed home

 

invasion and is still present in the dwelling, or is unlawfully

 

attempting to remove another individual from a dwelling or occupied

 

vehicle against his or her will.

 

     (b) The individual using force knows or has reason to believe

 

the individual is engaging in conduct described in subdivision (a).

 

     (2) The presumption set forth in subsection (1) does not apply

 

if any of the following circumstances exist:

 

     (a) The individual against whom force is used, including an

 

owner, lessee, or titleholder, has the legal right to be in the

 

dwelling or vehicle and there is not an injunction for protection

 

from domestic violence or a written pretrial supervision order, a


House Bill No. 5143 (H-4) as amended April 25, 2006

probation order, or a parole order of no contact against that

 

person.

 

     (b) The individual removed or being removed from the dwelling

 

or occupied vehicle is a child or grandchild of, or is otherwise in

 

the lawful custody of or under the lawful guardianship of, the

 

individual against whom force is used.

 

     (c) The individual who uses force is engaged in an unlawful

 

activity or is using the dwelling or occupied vehicle to further an

 

unlawful activity.

 

     (d) The individual against whom force is used is a peace

 

officer who has entered or is attempting to enter a dwelling or

 

vehicle in the performance of his or her official duties and the

 

peace officer identifies himself or herself in accordance with

 

applicable law or the individual using force knows or reasonably

 

should know that the individual entering or attempting to enter the

 

dwelling or vehicle is a peace officer.

 

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     (3)] As used in this section:

 

     (a) "Dwelling" means a building or conveyance of any kind,

 

including any attached porch, whether the building or conveyance is

 

temporary or permanent, mobile or immobile, that has a roof over

 

it, including a tent, and that is designed to be occupied by

 

people.


 

     (b) "Peace officer" means that term as defined in section 215

 

of the Michigan penal code, 1931 PA 328, MCL 750.215.

 

     (c) "Vehicle" means a conveyance of any kind, whether or not

 

motorized, that is designed to transport people or property.

 

     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) House Bill No. 5142.

 

     (b) House Bill No. 5153.

 

     (c) House Bill No. 5548.