CSSB 200(JUD) am: "An Act relating to defense of self, other persons, property, or services."
00 CS FOR SENATE BILL NO. 200(JUD) am 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 in revenge for, retaliation 23 for, or response to actual or perceived conduct by a rival or perceived 24 rival, or a member or perceived member of a rival group, if the person 25 using deadly force, or the group on whose behalf the person is acting, has 26 a history or reputation for violence among civilians; or 27 (D) the weapon used by the person was a firearm that was 28 illegal under state or federal law for the person to possess as a result of a 29 conviction for a felony. 30 (b) A [IN CIRCUMSTANCES DESCRIBED IN (a)(1) - (a)(3) OF THIS 31 SECTION, THE] person who is not justified in using force in self-defense in the
01 circumstances listed in (a)(1) - (3) of this section is justified in using [CLAIMING 02 THE DEFENSE OF JUSTIFICATION MAY USE NONDEADLY] force in self- 03 defense if that person has withdrawn from the encounter and effectively 04 communicated the withdrawal to the other person, but the other person persists in 05 continuing the incident by the use of unlawful force. 06 * Sec. 3. AS 11.81.335 is amended to read: 07 Sec. 11.81.335. Justification: Use of deadly force in defense of self. (a) 08 Except as provided in (b) of this section, a person who is justified in using 09 nondeadly force in self-defense under AS 11.81.330 may use deadly force in self- 10 defense upon another person when and to the extent 11 [(1) THE USE OF NONDEADLY FORCE IS JUSTIFIED UNDER 12 AS 11.81.330; AND 13 (2)] the person reasonably believes the use of deadly force is necessary 14 for self-defense [SELF DEFENSE] against death, serious physical injury, kidnapping, 15 sexual assault in the first degree, sexual assault in the second degree, sexual abuse of 16 a minor in the first degree, or robbery in any degree. 17 (b) A person may not use deadly force under this section if the person knows 18 that, with complete personal safety and with complete safety as to others being 19 defended, the person can avoid the necessity of using deadly force by leaving the 20 area of the encounter [RETREATING], except there is no duty to leave the area 21 [RETREAT] if the person is 22 (1) on premises 23 (A) that [WHICH] the person owns or leases; 24 (B) where the person resides, temporarily or permanently; 25 or 26 (C) as a guest or express or implied agent of the owner, 27 lessor, or resident [AND THE PERSON IS NOT THE INITIAL 28 AGGRESSOR]; [OR] 29 (2) a peace officer acting within the scope and authority of the officer's 30 employment or a person assisting a peace officer under AS 11.81.380; 31 (3) in a building where the person works in the ordinary course of
01 the person's employment; or 02 (4) protecting a child or a member of the person's household. 03 * Sec. 4. AS 11.81.340 is amended to read: 04 Sec. 11.81.340. Justification: Use of force in defense of a third person. A 05 person is justified in using [MAY USE] force upon another when and to the extent 06 the person reasonably believes it is necessary to defend a third person when, under the 07 circumstances as the person claiming defense of another [THE DEFENSE OF 08 JUSTIFICATION] reasonably believes them to be, the third person would be justified 09 under AS 11.81.330 or 11.81.335 in using that degree of force for self-defense [SELF 10 DEFENSE]. 11 * Sec. 5. AS 11.81.350(c) is amended to read: 12 (c) A person in possession or control of any premises, or a guest or an express 13 or implied agent of that person, may use 14 (1) nondeadly force upon another when and to the extent the person 15 reasonably believes it is necessary to terminate what the person reasonably believes to 16 be the commission or attempted commission by the other of criminal trespass in any 17 degree upon the premises; 18 (2) deadly force upon another when and to the extent the person 19 reasonably believes it is necessary to terminate what the person reasonably believes to 20 be a burglary in any degree occurring in an occupied dwelling or building. 21 * Sec. 6. AS 11.81.350 is amended by adding new subsections to read: 22 (e) A person 23 (1) in a vehicle, or forcibly removed from a vehicle, may use deadly 24 force upon another when and to the extent the person reasonably believes it is 25 necessary to terminate what the person reasonably believes to be a carjacking of that 26 vehicle; 27 (2) outside of a vehicle may use deadly force upon another when and 28 to the extent the person reasonably believes it is necessary to terminate what the 29 person reasonably believes to be the theft of that vehicle when another person, other 30 than the perceived offender, is inside of the vehicle. 31 (f) A person justified in using force under this section does not have a duty to
01 leave or attempt to leave the area of the encounter before using force. 02 (g) In (e) of this section, "carjacking" means a robbery involving the taking or 03 attempted taking of a vehicle from a person in possession of the vehicle; "vehicle" 04 means a "motor vehicle" as defined in AS 28.40.100, an aircraft, or a watercraft. 05 * Sec. 7. AS 11.81.350(d) is repealed.