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.
(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.
February 28, 2012, read second time, amended, ordered engrossed.
Digest Continued
force against any other person in certain circumstances. Provides that 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 unlawful force; (2) prevent or terminate the law enforcement officer's unlawful entry into the person's dwelling; or (3) prevent or terminate the law enforcement officer's criminal interference with property lawfully in the person's possession. Specifies that a person is not justified in using force against a law enforcement officer if: (1) the person is committing or is escaping after the commission of a crime; (2) the person provokes action by the law enforcement officer with intent to injure the law enforcement officer; (3) the person has entered into combat with the law enforcement officer or is the initial aggressor; or (4) the person reasonably believes the law enforcement officer acting lawfully or is engaged in the lawful execution of the law enforcement officer's official duties. Provides that a person is not justified in using deadly force against a law enforcement officer who the person knows or reasonably should know is a law enforcement officer unless: (1) the person reasonably believes that the law enforcement officer is acting unlawfully or is not engaged in the execution of the officer's official duties; and (2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person.
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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 any 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 occupied motor vehicle; or
(3) prevent or terminate the law enforcement officer's unlawful 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) Notwithstanding subsection (h), a person is not justified in using force against a law enforcement officer if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes action by the law enforcement officer with intent to cause bodily injury to the law enforcement officer;
(3) the person has entered into combat with the law enforcement officer or is the initial aggressor, unless the person withdraws from the encounter and communicates to the law enforcement officer the intent to do so and the law enforcement officer nevertheless continues or threatens to
continue unlawful action: or
(4) the person reasonably believes the law enforcement officer
is:
(A) acting lawfully, or
(B) engaged in the lawful execution of the law enforcement
officer's official duties.
(j) A person is not justified in using deadly force against a law
enforcement officer who the person knows or reasonably should
know is a law enforcement officer unless:
(1) the person reasonably believes that the law enforcement
officer is:
(A) acting unlawfully; or
(B) not engaged in the execution of the officer's official
duties; and
(2) the force is reasonably necessary to prevent serious bodily
injury to the person or a third person.