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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.