HOUSE BILL No. 5143

 

September 7, 2005, Introduced by Rep. Jones and referred to the Committee on Judiciary.

 

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

 

the defense of others; to provide for criminal and civil immunity

 

under certain circumstances; to regulate the investigation of

 

incidents involving self-defense or the defense of others; and to

 

provide for certain remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) A person is presumed to have held a reasonable

 

fear of imminent peril of death or great bodily harm to himself or

 

herself or another when using defensive force that is intended or

 

likely to cause death or great bodily harm to another if both of

 

the following apply:

 

     (a) The person against whom the defensive force was used was

 


in the process of unlawfully and forcibly entering, or had

 

unlawfully and forcibly entered, a dwelling, residence, or occupied

 

vehicle, or that person had removed or was attempting to remove

 

another person against that person's will from the dwelling,

 

residence, or occupied vehicle.

 

     (b) The person who uses defensive force knew or had reason to

 

believe that an unlawful and forcible entry or unlawful and

 

forcible act was occurring or had occurred.

 

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

 

if any of the following apply:

 

     (a) The person against whom the defensive force is used has

 

the right to be in or is a lawful resident of the dwelling,

 

residence, or vehicle, such as an owner, lessee, or titleholder,

 

and there is not an injunction for protection from domestic

 

violence or a written pretrial supervision order of no contact

 

against that person.

 

     (b) The person sought to be removed is a child or grandchild

 

of, or is otherwise in the lawful custody or under the lawful

 

guardianship of, the person against whom the defensive force is

 

used.

 

     (c) The person who uses defensive force is engaged in an

 

unlawful activity or is using the dwelling, residence, or occupied

 

vehicle to further an unlawful activity.

 

     (d) The person against whom the defensive force is used is a

 

law enforcement officer who enters or attempts to enter a dwelling,

 

residence, or vehicle in the performance of his or her official

 

duties and the officer identified himself or herself in accordance

 


with applicable law or the person using force knew or reasonably

 

should have known that the person entering or attempting to enter

 

was a law enforcement officer.

 

     (3) A person who is not engaged in an unlawful activity and

 

who is attacked in any other place where he or she has a right to

 

be has no duty to retreat and has the right to stand his or her

 

ground and meet force with force, including deadly force if he or

 

she reasonably believes it is necessary to do so to prevent death

 

or great bodily harm to himself or herself or to another person or

 

to prevent the commission of a forcible felony.

 

     (4) A person who unlawfully and by force enters or attempts to

 

enter a person's dwelling, residence, or occupied vehicle is

 

presumed to be doing so with the intent to commit an unlawful act

 

involving force or violence.

 

     (5) 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) "Residence" means a dwelling in which a person resides

 

either temporarily or permanently or is visiting as an invited

 

guest.

 

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

 

motorized, that is designed to transport people or property.

 

     Sec. 2. (1) A person is justified in using force, except

 

deadly force, against another person when and to the extent that

 


the person reasonably believes that the conduct is necessary to

 

defend himself or herself or another against the other's imminent

 

use of unlawful force.

 

     (2) A person is justified in the use of deadly force and does

 

not have a duty under this section to retreat if either of the

 

following applies:

 

     (a) He or she reasonably believes that such force is necessary

 

to prevent imminent death or great bodily harm to himself or

 

herself or another or to prevent the imminent commission of a

 

forcible felony.

 

     (b) Any of the circumstances enumerated under section 1.

 

     Sec. 3. (1) A person is justified in the use of force, except

 

deadly force, against another when and to the extent that the

 

person reasonably believes that the use of force is necessary to

 

prevent or terminate the other person's trespass on or other

 

tortious or criminal interference with real property, other than a

 

dwelling or personal property, that is lawfully in his or her

 

possession or in the possession of another person who is a member

 

of his or her immediate family or household, or of a person whose

 

property he or she has a legal duty to protect.

 

     (2) A person is justified in the use of deadly force only if

 

he or she reasonably believes that deadly force is necessary to

 

prevent the imminent commission of a forcible felony. A person does

 

not have a duty under this section to retreat if the person is in a

 

place where he or she has a right to be.

 

     Sec. 4. (1) A person who uses force as permitted in section 1,

 

2, or 3 is justified in using that force and is immune from

 


criminal prosecution and from any civil action for the use of that

 

force, unless the person against whom force was used is a law

 

enforcement officer who was acting in the performance of his or her

 

official duties and the officer identified himself or herself in

 

accordance with any applicable law or the person using force knew

 

or reasonably should have known that the person was a law

 

enforcement officer. As used in this subsection, "criminal

 

prosecution" includes arresting, detaining in custody, charging, or

 

prosecuting the defendant.

 

     (2) A law enforcement agency may use standard procedures for

 

investigating the use of force as described in subsection (1), but

 

the agency shall not arrest the person for using force unless it

 

determines that there is probable cause that the force that was

 

used was unlawful.

 

     (3) The court shall award reasonable attorney fees, court

 

costs, compensation for loss of income, and all expenses incurred

 

by the defendant in defense of any civil action brought by a

 

plaintiff if the court finds that the defendant is immune from

 

prosecution as provided in subsection (1).