Bill Text: IN SB0001 | 2012 | Regular Session | Engrossed
Bill Title: Self defense.
Spectrum: Strong Partisan Bill (Republican 34-3)
Status: (Enrolled - Dead) 2012-03-20 - Signed by the Governor [SB0001 Detail]
Download: Indiana-2012-SB0001-Engrossed.html
Citations Affected: IC 35-41.
Effective: Upon passage.
(HOUSE SPONSORS _ MCMILLIN, TURNER, SPEEDY)
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 17, 2012, amended, reported favorably _ Do Pass.
January 19, 2012, read second time, ordered engrossed.
January 20, 2012, engrossed.
January 23, 2012, read third time, passed. Yeas 45, nays 5.
January 31, 2012, read first time and referred to Committee on Courts and Criminal Code.
February 23, 2012, amended, reported _ Do Pass.
Digest Continued
enforcement officer if the person reasonably believes the force is
necessary to: (1) protect the person or a third person from what the
person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the law enforcement officer's unlawful entry
of or attack on the person's dwelling, curtilage, or an occupied motor
vehicle; or (3) prevent or terminate the law enforcement officer's
trespass on or criminal interference with property lawfully in the
person's possession, lawfully in possession of a member of the person's
immediate family, or belonging to a person whose property the person
has authority to protect. Provides that a person is not justified in using
deadly force against a law enforcement officer unless the person
reasonably believes that: (1) the officer is acting unlawfully and not
engaged in the execution of the officer's official duty; and (2) the force
is reasonably necessary to prevent serious bodily injury to the person
or a third person.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(b) A person is justified in using reasonable force against
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(1) is justified in using reasonable force, including deadly force, against
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and
(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
(h) A person is justified in using reasonable force against a law enforcement officer if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the law enforcement officer's unlawful entry of or attack on the person's dwelling, curtilage, or an occupied motor vehicle; or
(3) prevent or terminate the law enforcement officer's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.
(i) A person is not justified in using deadly force against a law enforcement officer unless the person reasonably believes that:
(1) the officer is:
(A) acting unlawfully; and
(B) not engaged in the execution of the officer's official duty; and
(2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person.