Bill Text: AZ SB1231 | 2018 | Fifty-third Legislature 2nd Regular | Introduced

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Bill Title: Justification; deadly physical force; exceptions

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2018-01-22 - Senate read second time [SB1231 Detail]

Download: Arizona-2018-SB1231-Introduced.html

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REFERENCE TITLE: justification; deadly physical force; exceptions

 

 

 

 

State of Arizona

Senate

Fifty-third Legislature

Second Regular Session

2018

 

 

SB 1231

 

Introduced by

Senators Mendez: Contreras, Dalessandro, Otondo, Peshlakai, Quezada; Representatives Benally, Blanc, Clark, Engel, Fernandez, Gabaldón, Gonzales, Hernandez, Peten

 

 

AN ACT

 

amending section 13‑405, Arizona Revised Statutes; relating to justification.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-405, Arizona Revised Statutes, is amended to read:

START_STATUTE13-405.  Justification; use of deadly physical force; exceptions

A.  A person is justified in threatening or using deadly physical force against another:

1.  If such the person would be justified in threatening or using physical force against the other under section 13‑404, and

2.  When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

B.  A person is not justified in threatening or using deadly physical force against another if the person either:

1.  Leaves a place of safety and actively pursues the other person who is engaged in a lawful activity.

2.  Pursues the other person after a law enforcement officer requests that the person retreat to a place of safety.

B.  C.  A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act. END_STATUTE