Michigan Residents - Here is the Castle Doctrine Bill

Introduced as Michigan Senate Bill 1046, the bill is House Bill 5143, Michigan's version of the Castle Doctrine.

It doesn't have a lot of legalese, and as you read, you can see for yourself this is good and reasonable legislation. Notice that, unlike the "this will turn Michigan into Tombstone" threatens, this bill also clearly defines when lethal force may not be used in self-defense.

Please note some other self-defnse bills:
House Bill 5142,(a simple amendment to current state law),

House Bill 5153, House Bill 5548.

HOUSE BILL No. 5143


February 15, 2006, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.

A bill to clarify the rights and duties of self-defense and the defense of others; to provide for criminal and civil immunity under certain circumstances; to regulate the investigation of incidents involving self-defense or the defense of others; and to provide for certain remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if both of the following apply:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or that person had removed or was attempting to remove another person against that person's will from the dwelling, residence, or occupied vehicle.

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if any of the following apply:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person.

(b) The person sought to be removed is a child or grandchild of, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used.

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity.

(d) The person against whom the defensive force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or to another person or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section:

(a) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and that is designed to be occupied by people.

(b) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.

Sec. 2. (1) A person is justified in using force, except deadly force, against another person when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.

(2) A person is justified in the use of deadly force and does not have a duty under this section to retreat if either of the following applies:

(a) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.

(b) Any of the circumstances enumerated under section 1.

Sec. 3. (1) A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's trespass on or other tortious or criminal interference with real property, other than a dwelling or personal property, that is lawfully in his or her possession or in the possession of another person who is a member of his or her immediate family or household, or of a person whose property he or she has a legal duty to protect.

(2) A person is justified in the use of deadly force only if he or she reasonably believes that deadly force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty under this section to retreat if the person is in a place where he or she has a right to be.

Sec. 4. (1) A person who uses force as permitted in section 1, 2, or 3 is justified in using that force and is immune from criminal prosecution and from any civil action for the use of that force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes charging or prosecuting the defendant.

(2) The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Tags: Gun Control , Gun Rights , 2nd amendment , Castle Doctrine , Self Defense