CSSB 200(JUD): "An Act relating to defense of self, other persons, property, or services."
00 CS FOR SENATE BILL NO. 200(JUD) 01 "An Act relating to defense of self, other persons, property, or services." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.65 is amended by adding a new section to read: 04 Sec. 09.65.330. Immunity: Use of defensive force. (a) A person who uses 05 force in defense of self, other persons, or property as permitted in AS 11.81 is not 06 liable for the death of or injury to the person against whom the force was intended to 07 be used, unless the person against whom force was used was a 08 (1) peace officer, whether on or off duty, who was engaged in the 09 performance of official duties; or 10 (2) fire fighter, emergency medical technician, or paramedic engaged 11 in the performance of official duties. 12 (b) The court shall award reasonable attorney fees, court costs, compensation 13 for loss of income, and all expenses incurred by the defendant in defense of a civil 14 action brought by a plaintiff if the court finds that the defendant is not liable under (a) 15 of this section.
01 * Sec. 2. AS 11.81.330 is amended to read: 02 Sec. 11.81.330. Justification: Use of nondeadly force in defense of self. (a) 03 A person is justified in using [MAY USE] nondeadly force upon another when and to 04 the extent the person reasonably believes it is necessary for self-defense [SELF 05 DEFENSE] against what the person reasonably believes to be the use of unlawful 06 force by the other person, unless 07 (1) the person used the force in [INVOLVED WAS THE PRODUCT 08 OF] mutual combat not authorized by law; 09 (2) the person claiming self-defense [THE DEFENSE OF 10 JUSTIFICATION] provoked the other's conduct with intent to cause physical injury to 11 the other; 12 (3) the person claiming self-defense [THE DEFENSE OF 13 JUSTIFICATION] was the initial aggressor; [OR] 14 (4) the force used [APPLIED] was the result of using a deadly weapon 15 or dangerous instrument the person claiming self-defense [THE DEFENSE OF 16 JUSTIFICATION] possessed while 17 (A) acting alone or with others to further a felony criminal 18 objective of the person or one or more other persons; or 19 (B) a participant in a felony transaction or purported 20 transaction or in immediate flight from a felony transaction or purported 21 transaction in violation of AS 11.71; 22 (C) acting alone or with others with intent to establish or 23 maintain control over a geographic area or neighborhood, or in response 24 to perceived conduct by a rival or perceived rival, or a member or 25 perceived member of a rival group, for control over the area, if the person 26 using deadly force, or the group on whose behalf the person is acting, has 27 a history or reputation for violence among civilians; or 28 (D) the weapon used by the person was a firearm that was 29 illegal under state or federal law for the person to possess as a result of a 30 conviction for a felony. 31 (b) A [IN CIRCUMSTANCES DESCRIBED IN (a)(1) - (a)(3) OF THIS
01 SECTION, THE] person who is not justified in using force in self-defense in the 02 circumstances listed in (a)(1) - (3) of this section is justified in using [CLAIMING 03 THE DEFENSE OF JUSTIFICATION MAY USE NONDEADLY] force in self- 04 defense if that person has withdrawn from the encounter and effectively 05 communicated the withdrawal to the other person, but the other person persists in 06 continuing the incident by the use of unlawful force. 07 * Sec. 3. AS 11.81.335 is amended to read: 08 Sec. 11.81.335. Justification: Use of deadly force in defense of self. (a) 09 Except as provided in (b) of this section, a person who is justified in using 10 nondeadly force in self-defense under AS 11.81.330 may use deadly force in self- 11 defense upon another person when and to the extent 12 [(1) THE USE OF NONDEADLY FORCE IS JUSTIFIED UNDER 13 AS 11.81.330; AND 14 (2)] the person reasonably believes the use of deadly force is necessary 15 for self-defense [SELF DEFENSE] against death, serious physical injury, kidnapping, 16 sexual assault in the first degree, sexual assault in the second degree, sexual abuse of 17 a minor in the first degree, or robbery in any degree. 18 (b) A person may not use deadly force under this section if the person knows 19 that, with complete personal safety and with complete safety as to others being 20 defended, the person can avoid the necessity of using deadly force by leaving the 21 area of the encounter [RETREATING], except there is no duty to leave the area 22 [RETREAT] if the person is 23 (1) on premises 24 (A) that [WHICH] the person owns or leases; 25 (B) where the person resides, temporarily or permanently; 26 or 27 (C) as a guest or express or implied agent of the owner, 28 lessor, or resident [AND THE PERSON IS NOT THE INITIAL 29 AGGRESSOR]; [OR] 30 (2) a peace officer acting within the scope and authority of the officer's 31 employment or a person assisting a peace officer under AS 11.81.380;
01 (3) in a building where the person works in the ordinary course of 02 the person's employment; or 03 (4) protecting a child or a member of the person's household. 04 * Sec. 4. AS 11.81.340 is amended to read: 05 Sec. 11.81.340. Justification: Use of force in defense of a third person. A 06 person is justified in using [MAY USE] force upon another when and to the extent 07 the person reasonably believes it is necessary to defend a third person when, under the 08 circumstances as the person claiming defense of another [THE DEFENSE OF 09 JUSTIFICATION] reasonably believes them to be, the third person would be justified 10 under AS 11.81.330 or 11.81.335 in using that degree of force for self-defense [SELF 11 DEFENSE]. 12 * Sec. 5. AS 11.81.350(c) is amended to read: 13 (c) A person in possession or control of any premises, or a guest or an express 14 or implied agent of that person, may use 15 (1) nondeadly force upon another when and to the extent the person 16 reasonably believes it is necessary to terminate what the person reasonably believes to 17 be the commission or attempted commission by the other of criminal trespass in any 18 degree upon the premises; 19 (2) deadly force upon another when and to the extent the person 20 reasonably believes it is necessary to terminate what the person reasonably believes to 21 be a burglary in any degree occurring in an occupied dwelling or building. 22 * Sec. 6. AS 11.81.350 is amended by adding new subsections to read: 23 (e) A person 24 (1) in a vehicle, or forcibly removed from a vehicle, may use deadly 25 force upon another when and to the extent the person reasonably believes it is 26 necessary to terminate what the person reasonably believes to be a carjacking of that 27 vehicle; 28 (2) outside of a vehicle may use deadly force upon another when and 29 to the extent the person reasonably believes it is necessary to terminate what the 30 person reasonably believes to be the theft of that vehicle when another person, other 31 than the perceived offender, is inside of the vehicle.
01 (f) A person justified in using force under this section does not have a duty to 02 leave or attempt to leave the area of the encounter before using force. 03 (g) In (e) of this section, "carjacking" means a robbery involving the taking or 04 attempted taking of a vehicle from a person in possession of the vehicle; "vehicle" 05 means a "motor vehicle" as defined in AS 28.40.100, an aircraft, or a watercraft. 06 * Sec. 7. AS 11.81.350(d) is repealed.