HB 5681

Abstract

Creates the Armed Citizen Liability Act. Provides that a person is immune from civil liability arising out of the use of force that is intended or likely to cause death or great bodily harm if (i) the person reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person and (ii) the person against whom the force was used either was in the process of unlawfully and forcibly entering, or was inside after unlawfully and forcibly entering, the dwelling, motor vehicle, or place of business of the person using the force. In such a case, provides that the finder of fact may not consider whether the person using the force had an opportunity to flee or retreat before he or she used the force, and provides that, with exceptions, the person using the force is presumed to have reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person. Provides for an award of reasonable attorney's fees, costs, compensation for loss of income, and other costs reasonably incurred to a person using such force. Provides that nothing in the Act limits any other available defense. Provides that the Act applies to a use of force that occurs on or after the effective date of the Act.