Originally Posted By Bama-Shooter:
How did the wording turn out? Or did it get watered down to appease the Black Caucus?
The final language:
SB283 as Enrolled (Regular Session 2006)
3 By Senator Means
4 RFD: Health
5 First Read: 19-JAN-06
4 ENROLLED, An Act,
5 To amend Sections 13A-3-20 and 13A-3-23, Code of
6 Alabama 1975, relating to the justifiable use of defensive
7 force and defensive deadly physical force against an
8 aggressor; to further provide for the justified use of force
9 and deadly physical force against a person intruding in a
10 dwelling, residence, or vehicle; or federally licensed nuclear
11 power facility, or is in the process of sabotaging or
12 attempting to sabotage a federally licensed nuclear power
13 facility; to remove the duty to retreat for a person using
14 force or deadly force under certain circumstances; to make
15 legal presumptions concerning persons justified to use force
16 and deadly physical force against intruders; to provide
17 immunity from criminal and civil legal action for persons
18 justified to use lawful force and deadly physical force in
19 self-protection or the protection of others.
20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
21 Section 1. Sections 13A-3-20 and 13A-3-23, Code of
22 Alabama 1975, are amended to read as follows:
24 "The following definitions are applicable to this
1 "(1) BUILDING. Any structure which may be entered
2 and utilized by persons for business, public use, lodging or
3 the storage of goods, and includes any vehicle, aircraft, or
4 watercraft used for the lodging of persons or carrying on
5 business therein. Each unit of a building consisting of two or
6 more units separately occupied or secured is a separate
8 "(2) DEADLY PHYSICAL FORCE. Force which, under the
9 circumstances in which it is used, is readily capable of
10 causing death or serious physical injury.
11 "(3) DWELLING. A building which is usually occupied
12 by a person lodging therein at night, or a building of any
13 kind, including any attached balcony, whether the building is
14 temporary or permanent, mobile or immobile, which has a roof
15 over it, and is designed to be occupied by people lodging
16 therein at night.
17 "(4) FORCE. Physical action or threat against
18 another, including confinement.
19 (5) PREMISES. The term includes any building, as
20 defined in this section, and any real property.
21 "(6) RESIDENCE. A dwelling in which a person resides
22 either temporarily or permanently or is visiting as an invited
24 "(7) VEHICLE. A motorized conveyance which is
25 designed to transport people or property.
2 "(a) A person is justified in using physical force
3 upon another person in order to defend himself or herself or a
4 third person from what he or she reasonably believes to be the
5 use or imminent use of unlawful physical force by that other
6 person, and he may use a degree of force which he or she
7 reasonably believes to be necessary for the purpose. A person
8 may use deadly physical force, and is legally presumed to be
9 justified in using deadly physical force in self-defense or
10 the defense of another person pursuant to subdivision (4), if
11 the person reasonably believes that another person is:
12 "(1) Using or about to use unlawful deadly physical
14 "(2) Using or about to use physical force against an
15 occupant of a dwelling while committing or attempting to
16 commit a burglary of such dwelling.
17 "(3) Committing or about to commit a kidnapping in
18 any degree, assault in the first or second degree, burglary in
19 any degree, robbery in any degree, forcible rape or forcible
21 "(4) In the process of unlawfully and forcefully
22 entering, or has unlawfully and forcefully entered, a
23 dwelling, residence, or occupied vehicle, or federally
24 licensed nuclear power facility, or is in the process of
25 sabotaging or attempting to sabotage a federally licensed
1 nuclear power facility, or is attempting to remove, or has
2 forcefully removed, a person against his or her will from any
3 dwelling, residence, or occupied vehicle when the person has a
4 legal right to be there, and provided that the person using
5 the deadly physical force knows or has reason to believe that
6 an unlawful and forcible entry or unlawful and forcible act is
7 occurring. The legal presumption that a person using deadly
8 physical force is justified to do so pursuant to this
9 subdivision does not apply if:
10 "a. The person against whom the defensive force is
11 used has the right to be in or is a lawful resident of the
12 dwelling, residence, or vehicle, such as an owner or lessee,
13 and there is not an injunction for protection from domestic
14 violence or a written pretrial supervision order of no contact
15 against that person;
16 "b. The person sought to be removed is a child or
17 grandchild, or is otherwise in the lawful custody or under the
18 lawful guardianship of, the person against whom the defensive
19 force is used;
20 "c. The person who uses defensive force is engaged
21 in an unlawful activity or is using the dwelling, residence,
22 or occupied vehicle to further an unlawful activity; or
23 "d. The person against whom the defensive force is
24 used is a law enforcement officer acting in the performance of
25 his or her official duties.
1 "(b) A person who is justified under subsection (a)
2 in using physical force, including deadly physical force, and
3 who is not engaged in an unlawful activity and is in any place
4 where he or she has the right to be has no duty to retreat and
5 has the right to stand his or her ground.
6 "(c) Notwithstanding the provisions of subsection
7 (a), a person is not justified in using physical force if:
8 "(1) With intent to cause physical injury or death
9 to another person, he or she provoked the use of unlawful
10 physical force by such other person.
11 "(2) He or she was the initial aggressor, except
12 that his or her use of physical force upon another person
13 under the circumstances is justifiable if he or she withdraws
14 from the encounter and effectively communicates to the other
15 person his or her intent to do so, but the latter person
16 nevertheless continues or threatens the use of unlawful
17 physical force.
18 "(3) The physical force involved was the product of
19 a combat by agreement not specifically authorized by law.
20 "(d) A person who uses force, including deadly
21 physical force, as justified and permitted in this section is
22 immune from criminal prosecution and civil action for the use
23 of such force, unless the force was determined to be unlawful.
24 "(e) A law enforcement agency may use standard
25 procedures for investigating the use of force described in
1 subsection (a), but the agency may not arrest the person for
2 using force unless it determines that there is probable cause
3 that the force used was unlawful."
4 Section 2. This act shall become effective on June
5 1, 2006, following its passage and approval by the Governor,
6 or its otherwise becoming law.
4 President and Presiding Officer of the Senate
6 Speaker of the House of Representatives
8 Senate 22-FEB-06
9 I hereby certify that the within Act originated in and passed
10 the Senate.
12 McDowell Lee
17 House of Representatives
18 Passed: 28-MAR-06
21 By: Senator Means