February 24, 2012
ENGROSSED
SENATE BILL No. 1
_____
DIGEST OF SB 1
(Updated February 22, 2012 4:49 pm - DI 69)
Citations Affected: IC 35-41.
Synopsis: Self defense and defense against unlawful entry. Provides
that a person is justified in using reasonable force against a law
(Continued next page)
Effective: Upon passage.
Young R Michael, Charbonneau, Steele,
Alting, Banks, Becker, Boots, Buck, Delph,
Eckerty, Gard, Glick, Grooms, Head,
Hershman, Holdman, Kruse, Landske,
Lawson C, Leising, Long, Merritt, Miller,
Mishler, Nugent, Paul, Schneider, Simpson,
Smith J, Tomes, Walker, Waltz, Waterman,
Wyss, Yoder, Lanane, Hume, Rogers
, Zakas,
Bray
(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.
HOUSE ACTION
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.
February 24, 2012
Second Regular Session 117th General Assembly (2012)
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
this style type.
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
this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 1
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-41-3-2; (12)ES0001.1.1. -->
SECTION 1. IC 35-41-3-2, AS AMENDED BY P.L.189-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) In enacting this section, the general
assembly finds and declares that it is the policy of this state to
recognize the unique character of a citizen's home and to ensure
that a citizen feels secure in his or her own home against unlawful
intrusion by any other person (as defined in IC 35-41-1-22(a)). The
general assembly also finds and declares that it is the policy of this
state that people have a right to defend themselves and third
parties from physical harm and crime. The purpose of this section
is to provide the citizens of this state with a lawful means of
carrying out this policy.
(b) A person is justified in using reasonable force against another
any other person to protect the person or a third person from what the
person reasonably believes to be the imminent use of unlawful force.
However, a person:
(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.
(b) (c) A person:
(1) is justified in using reasonable force, including deadly force,
against another any other person; and
(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.
(c) (d) With respect to property other than a dwelling, curtilage, or
an occupied motor vehicle, a person is justified in using reasonable
force against another any other person if the person reasonably
believes that the force is necessary to immediately prevent or terminate
the other person'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. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a) (b).
(d) (e) A person is justified in using reasonable force, including
deadly force, against another any other person and does not have a
duty to retreat if the person reasonably believes that the force is
necessary to prevent or stop the other person from hijacking,
attempting to hijack, or otherwise seizing or attempting to seize
unlawful control of an aircraft in flight. For purposes of this subsection,
an aircraft is considered to be in flight while the aircraft is:
(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.
(e) (f) Notwithstanding subsections (a), (b) and (c), through (d), a
person is not justified in using force if:
(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.
(f) (g) Notwithstanding subsection (d), (e) a person is not justified
in using force if the person:
(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.
SOURCE: ; (12)ES0001.1.2. -->
SECTION 2.
An emergency is declared for this act.