HB 1802

Present law provides that a person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate th e other's trespass on the land or unlawful interference with the property. However, unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's tresp as s on real estate or unlawful interference with personal property. This bill generally authorizes a person to use deadly force for the protection of property against another in the following situations:  If a person in lawful possession of real or personal property reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.  If a person who has been unlawfully dispossessed of real or personal property reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession that the other had no claim of right when the other dispossessed the person, and the other accomplished the dispossession by threatening or using force against the person.  When the person reasonably believes deadly force is immediately necessary to prevent or terminate the other's actual or attempted trespass; arson; damage to property, including damage to livestock, burglary, theft, robbery, or aggravated cruelty to animals.  When the person reasonably believes the property cannot be protected or the other's actions terminated by any other means, or the use of force other than deadly force to protect or terminate the other's actions would expose the person or a third person to a risk of death or serious bodily injury. However, this bill does not justify a person in using deadly force against another individual under this bill if the individual is facing away from the person. ON APRIL 23, 2026, THE HOUSE SUBSTITUTED SENATE BILL 1847 FOR HOUSE BILL 1802, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1847, AS AMENDED. AMENDMENT #1 makes the following revisions:  Removes that the bill generally authorizes a person to use deadly force for the protection of property against another in the certain situations outlined in the bill summary and, instead, provides that a person who (i) is not engaged in conduct that would constitute a felony or a Class A misdemeanor and (ii) is in a place where the person lawfully resides is justified in using deadly force against another to protect property in certain situations.  Removes the third bullet in the bill summary and, instead, justifies the use of deadly forced when the requirements in the preceding paragraph are met and when and to the degree the person reasonably believes deadly force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, or aggravated cruelty to animals.  Justifies the use of deadly forced when such requirements are met and there is an imminent danger to the person or a third person of death, serious bodily injury, or grave sexual abuse;  Adds that a person is also justified when the use of force other than deadly force to protect or terminate the other's actions would expose the person or a third person to grave sexual abuse.  Removes that a person is not justified in using deadly force against another individual under the bill if the individual is facing away from the person.  Adds a severability clause to the bill.  Changes the effective date of the bill from upon becoming a law to, instead, July 1, 2026. ON APRIL 23, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1 .