00 HOUSE BILL NO. 293                                                                                                      
01 "An Act relating to the use of force in defense of persons or property."                                                
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 11.81.335(a) is amended to read:                                                                    
04  (a)  A [EXCEPT AS PROVIDED IN (b) OF THIS SECTION, A] person may                                                    
05 use deadly force upon another person when and to the extent                                                             
06   (1)  the use of nondeadly force is justified under AS 11.81.330(a)                                                 
07 [AS 11.81.330]; and                                                                                                     
08   (2)  the person is acting in self-defense against the threat of criminal                                            
09 assault in any degree or other offense against the person under AS 11.41                                               
10 [REASONABLY BELIEVES THE USE OF DEADLY FORCE IS NECESSARY FOR                                                           
11 SELF DEFENSE AGAINST DEATH, SERIOUS PHYSICAL INJURY,                                                                    
12 KIDNAPPING, SEXUAL ASSAULT IN THE FIRST DEGREE, SEXUAL ASSAULT                                                          
13 IN THE SECOND DEGREE, OR ROBBERY IN ANY DEGREE].                                                                        
14    * Sec. 2.   AS 11.81.350  is amended by adding a new subsection to read:                                             
01  (e)  An occupant of a dwelling is justified in using  physical force, including                                       
02 deadly force, against another person when the other person has made an unlawful entry                                   
03 into the dwelling and when the occupant believes that the other person has committed                                    
04 a crime in the dwelling, in addition to the uninvited entry, or is committing or intends                                
05 to commit a crime against a person or property, in addition to the uninvited entry, and                                 
06 when the occupant believes that the other person might use any physical force, no                                       
07 matter how slight, against any occupant.  An occupant of a dwelling using physical                                      
08 force, including deadly  force, in accordance with this subsection is immune from                                       
09 criminal prosecution for the use of the deadly or nondeadly force and  from civil                                       
10 liability for injuries or death resulting from the use of the deadly or nondeadly force.                                
11    * Sec. 3.  AS 11.81.335(b) is repealed.