HB 856

Under present law , a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if: ( 1 ) The person has a reasonabl e belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse; ( 2 ) The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse is real, or honestly believed to be real at the time; and ( 3 ) The belief of danger is founded upon reasonable grounds. Under present law, a person in lawful possession of property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immedia tely necessary to prevent or terminate the other's trespass on the land or unlawful interference with the personal property. Present law further provides that a person who has been unlawfully dispossessed of real or personal property is justified in threa tening or using force against the other, when and to the degree it is 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 d i spossession: (1) The person reasonably believes the other had no claim of right when the other dispossessed the person; and (2) The other accomplished the dispossession by threatening or using force against the person. U nless a person is justified i n using deadly force as otherwise provided by law, present law provides that a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property . This bill changes pr esent law to provide that a person is justified in using deadly force against another to protect property : (1) If the person would be justified in using less than deadly force against another to protect property under present law ; (2) When and to the degree the person reasonably believes deadly force is immediately necessary to prevent or terminate the other's actual or attempted trespass; arson; damage to property; burglary; theft; robbery; or aggravated cruelty to animals, serious bodily injury, or death to animals or livestock; and (3) The person reasonably believes t he property cannot be protected or the other's actions terminated by any other means or t he use of force other than deadly force to protect or terminate the other's actions would expo se the person or a third person to a risk of death or serious bodily injury. Under present law, a private citizen making a "citizen's arrest, is authorized to u se force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third per s on laws . This bill adds that a private citizen making a citizen's arrest may also use or threaten to use deadly force to the extent authorized by this bill for the protection of property. This bill revises the definition of ""deadly force"" to specify tha t it does not include the display of a weapon, the brandishing of a weapon, or the use of force in circumstances that do not result in death or serious bodily injury . In order for a person to justifiably use a device in the protection of property, present law requires that the device meet certain criteria, including that the device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm . This bill changes such requirement so that the device must not be designed to cause or known to create a substantial probability of causing a substantial risk of death, protracted unconsciousness, or extreme physical pain ."