HCS CSSB 200(JUD): "An Act relating to defense of self, other persons, property, or services."
00 HOUSE CS FOR 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 08 (1) a peace officer, whether on or off duty, who was engaged in the 09 performance of official duties; 10 (2) a fire fighter, emergency medical technician, or paramedic engaged 11 in the performance of official duties; or 12 (3) medical personnel, a health care provider, or a first responder in an 13 emergency situation. 14 (b) The court shall award reasonable attorney fees, court costs, compensation 15 for loss of income, and all expenses incurred by the defendant in defense of a civil
01 action brought by a plaintiff if the court finds that the defendant is not liable under (a) 02 of this section. 03 * Sec. 2. AS 11.81.330 is amended to read: 04 Sec. 11.81.330. Justification: Use of nondeadly force in defense of self. (a) 05 A person is justified in using [MAY USE] nondeadly force upon another when and to 06 the extent the person reasonably believes it is necessary for self-defense [SELF 07 DEFENSE] against what the person reasonably believes to be the use of unlawful 08 force by the other person, unless 09 (1) the person used the force in [INVOLVED WAS THE PRODUCT 10 OF] mutual combat not authorized by law; 11 (2) the person claiming self-defense [THE DEFENSE OF 12 JUSTIFICATION] provoked the other's conduct with intent to cause physical injury to 13 the other; 14 (3) the person claiming self-defense [THE DEFENSE OF 15 JUSTIFICATION] was the initial aggressor; [OR] 16 (4) the force used [APPLIED] was the result of using a deadly weapon 17 or dangerous instrument the person claiming self-defense [THE DEFENSE OF 18 JUSTIFICATION] possessed while 19 (A) acting alone or with others to further a felony criminal 20 objective of the person or one or more other persons; [OR] 21 (B) a participant in a felony transaction or purported 22 transaction or in immediate flight from a felony transaction or purported 23 transaction in violation of AS 11.71; 24 (C) acting alone or with others in revenge for, retaliation 25 for, or response to actual or perceived conduct by a rival or perceived 26 rival, or a member or perceived member of a rival group, if the person 27 using deadly force, or the group on whose behalf the person is acting, has 28 a history or reputation for violence among civilians; or 29 (D) the weapon used by the person was a firearm that was 30 illegal under state or federal law for the person to possess as a result of a 31 conviction for a felony.
01 (b) A [IN CIRCUMSTANCES DESCRIBED IN (a)(1) - (a)(3) OF THIS 02 SECTION, THE] person who is not justified in using force in self-defense in the 03 circumstances listed in (a)(1) - (3) of this section is justified in using [CLAIMING 04 THE DEFENSE OF JUSTIFICATION MAY USE NONDEADLY] force in self- 05 defense if that person has withdrawn from the encounter and effectively 06 communicated the withdrawal to the other person, but the other person persists in 07 continuing the incident by the use of unlawful force. 08 * Sec. 3. AS 11.81.335 is amended to read: 09 Sec. 11.81.335. Justification: Use of deadly force in defense of self. (a) 10 Except as provided in (b) of this section, a person who is justified in using 11 nondeadly force in self-defense under AS 11.81.330 may use deadly force in self- 12 defense upon another person when and to the extent 13 [(1) THE USE OF NONDEADLY FORCE IS JUSTIFIED UNDER 14 AS 11.81.330; AND 15 (2)] the person reasonably believes the use of deadly force is necessary 16 for self-defense [SELF DEFENSE] against 17 (1) death; 18 (2) [,] serious physical injury; 19 (3) [,] kidnapping, except for what is described as custodial 20 interference in the first degree in AS 11.41.320; 21 (4) sexual assault in the first degree; 22 (5) [,] sexual assault in the second degree; 23 (6) [,] sexual abuse of a minor in the first degree; or 24 (7) robbery in any degree. 25 (b) A person may not use deadly force under this section if the person knows 26 that, with complete personal safety and with complete safety as to others being 27 defended, the person can avoid the necessity of using deadly force by leaving the 28 area of the encounter [RETREATING], except there is no duty to leave the area 29 [RETREAT] if the person is 30 (1) on premises 31 (A) that [WHICH] the person owns or leases;
01 (B) where the person resides, temporarily or permanently; 02 or 03 (C) as a guest or express or implied agent of the owner, 04 lessor, or resident [AND THE PERSON IS NOT THE INITIAL 05 AGGRESSOR]; [OR] 06 (2) a peace officer acting within the scope and authority of the officer's 07 employment or a person assisting a peace officer under AS 11.81.380; 08 (3) in a building where the person works in the ordinary course of 09 the person's employment; or 10 (4) protecting a child or a member of the person's household. 11 * Sec. 4. AS 11.81.340 is amended to read: 12 Sec. 11.81.340. Justification: Use of force in defense of a third person. A 13 person is justified in using [MAY USE] force upon another when and to the extent 14 the person reasonably believes it is necessary to defend a third person when, under the 15 circumstances as the person claiming defense of another [THE DEFENSE OF 16 JUSTIFICATION] reasonably believes them to be, the third person would be justified 17 under AS 11.81.330 or 11.81.335 in using that degree of force for self-defense [SELF 18 DEFENSE]. 19 * Sec. 5. AS 11.81.350(c) is amended to read: 20 (c) A person in possession or control of any premises, or a guest or an express 21 or implied agent of that person, may use 22 (1) nondeadly force upon another when and to the extent the person 23 reasonably believes it is necessary to terminate what the person reasonably believes to 24 be the commission or attempted commission by the other of criminal trespass in any 25 degree upon the premises; 26 (2) deadly force upon another when and to the extent the person 27 reasonably believes it is necessary to terminate what the person reasonably believes to 28 be a burglary in any degree occurring in an occupied dwelling or building. 29 * Sec. 6. AS 11.81.350 is amended by adding new subsections to read: 30 (e) A person 31 (1) in a vehicle, or forcibly removed from a vehicle, may use deadly
01 force upon another when and to the extent the person reasonably believes it is 02 necessary to terminate what the person reasonably believes to be a carjacking of that 03 vehicle at or about the time the vehicle is carjacked; 04 (2) outside of a vehicle may use deadly force upon another when and 05 to the extent the person reasonably believes it is necessary to terminate what the 06 person reasonably believes to be the theft of that vehicle when another person, other 07 than the perceived offender, is inside of the vehicle; this paragraph does not apply to a 08 person outside of a vehicle who is involved in a dispute with a person inside of the 09 vehicle who is a household member of that person; in this paragraph, "household 10 member" has the meaning given in AS 18.66.990. 11 (f) A person justified in using force under this section does not have a duty to 12 leave or attempt to leave the area of the encounter before using force. 13 (g) In (e) of this section, "carjacking" means a robbery involving the taking or 14 attempted taking of a vehicle from a person in possession of the vehicle; "vehicle" 15 means a "motor vehicle" as defined in AS 28.40.100, an aircraft, or a watercraft. 16 * Sec. 7. AS 11.81.350(d) is repealed.