SB 201: "An Act relating to justifications, presumptions, and liability for use of defensive force."
00 SENATE BILL NO. 201 01 "An Act relating to justifications, presumptions, and liability for use of defensive force." 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 defensive force as permitted in AS 11.81.325 is immune from civil liability for the use 06 of force as permitted by that section unless the person against whom force was used 07 was a peace officer who was engaged in the performance of official duties and the 08 officer identified the officer in accordance with any applicable law or the person using 09 force knew or reasonably should have known that the person was a peace officer. 10 (b) The court shall award reasonable attorney fees, court costs, compensation 11 for loss of income, and all expenses incurred by the defendant in defense of any civil 12 action brought by a plaintiff if the court finds that the defendant is immune from 13 liability under (a) of this section. 14 * Sec. 2. AS 11.81 is amended by adding a new section to read: 15 Sec. 11.81.325. Justification and presumption: use of defensive force. (a)
01 Notwithstanding another provision of law, a person is presumed to have a reasonable 02 belief of fear of imminent threat of death or serious physical injury to the person or 03 another person when the person is using deadly force or nondeadly force in defense of 04 the person or another person if 05 (1) the person against whom the defensive force was used 06 (A) was in the process of unlawfully and forcefully entering, or 07 had unlawfully and forcibly entered, a dwelling, residence, or occupied 08 vehicle; or 09 (B) had removed or was attempting to remove another person 10 against that person's will from the dwelling, residence, or occupied vehicle; 11 and 12 (2) the person using the defensive force knew or had reason to believe 13 that an unlawful and forcible entry or unlawful and forcible act was occurring or had 14 occurred. 15 (b) The presumption set out in (1) of this section does not apply if 16 (1) the person against whom the defensive force is used has the right to 17 be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, 18 lessee, or titleholder, and there is not a domestic violence or stalking protective order 19 against the person preventing the person from approaching or being at the dwelling, 20 residence, or vehicle; 21 (2) the person sought to be removed is a child or grandchild, or is 22 otherwise in the lawful custody or under the lawful guardianship of, the person against 23 whom the defensive force is used; 24 (3) the person who uses defensive force is engaged in an unlawful 25 activity or is using the dwelling, residence, or occupied vehicle to further an unlawful 26 activity; or 27 (4) the person against whom the defensive force is used is a peace 28 officer who enters or attempts to enter a dwelling, residence, or vehicle in the 29 performance of official duties and the officer identified the officer in accordance with 30 any applicable law or the person using force knew or reasonably should have known 31 that the person entering or attempting to enter was a peace officer.
01 (C) Notwithstanding another provision of law, a person who is 02 not engaged in an unlawful activity and who is attacked in any place where the 03 person has a right to be does not have a duty to retreat and has the right to 04 stand the person's ground and meet force with force, including deadly force, if 05 the person reasonably believes it is necessary to do so to prevent death or 06 serious physical injury to the person or another person or to prevent the 07 commission of a felony involving the use or threatened use of force. 08 (c) A person who unlawfully and by force enters or attempts to enter a 09 person's dwelling, residence, or occupied vehicle is presumed to be doing so with the 10 intent to commit an unlawful act involving force or violence. 11 (d) A person who uses defensive force as permitted in this section is immune 12 from criminal prosecution for the use of force as permitted by this section unless the 13 person against whom force was used was a peace officer who was engaged in the 14 performance of official duties and the officer identified the officer in accordance with 15 any applicable law or the person using force knew or reasonably should have known 16 that the person was a peace officer. A law enforcement agency may use standard 17 procedures for investigating the use of force as described in this section, but the 18 agency may not arrest a person for using defensive force unless the law enforcement 19 agency determines that there is probable cause that the force that was used was 20 unlawful. As used in this subsection, the term "criminal prosecution" includes 21 arresting, detaining in custody, and charging or prosecuting the defendant. 22 (e) In this section, 23 (1) "residence" means a dwelling in which a person resides either 24 temporarily or permanently or is visiting as an invited guest; 25 (2) "vehicle" has the meaning given in AS 28.40.100.