HB-5143, As Passed Senate, June 6, 2006

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5143

 

(As amended, June 6, 2006)

 

 

 

 

 

 

 

 

 

 

     A bill 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 October 1, 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.