HB 320: "An Act relating to defense of self, other persons, and property."
00 HOUSE BILL NO. 320 01 "An Act relating to defense of self, other persons, and property." 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 immune 06 from civil liability for the use of that force unless the person against whom force was 07 used was a peace officer who was engaged in the performance of official duties and 08 the officer identified the officer in accordance with any applicable law or the person 09 using force knew or reasonably should have known that the person was a peace 10 officer. 11 (b) The court shall award reasonable attorney fees, court costs, compensation 12 for loss of income, and all expenses incurred by the defendant in defense of any civil 13 action brought by a plaintiff if the court finds that the defendant is immune from 14 liability under (a) of this section. 15 * Sec. 2. AS 11.81.335 is amended to read:
01 Sec. 11.81.335. Justification: use of deadly force in defense of self. (a) 02 Except as provided in (b) of this section, a person may use deadly force upon another 03 person when and to the extent 04 (1) the use of nondeadly force is justified under AS 11.81.330; and 05 (2) the person reasonably believes the use of deadly force is necessary 06 for self defense against death, serious physical injury, kidnapping, sexual assault, 07 sexual abuse of a minor [IN THE FIRST DEGREE, SEXUAL ASSAULT IN THE 08 SECOND DEGREE], or robbery in any degree. 09 (b) A person may not use deadly force under this section if the person knows 10 to a certainty that, with complete personal safety and with complete safety as to 11 others, the person can avoid the necessity of using deadly force by retreating, except 12 there is no duty to retreat if the person is 13 (1) any place where the person has a right to be [ON PREMISES 14 WHICH THE PERSON OWNS OR LEASES] and the person is not the initial 15 aggressor; or 16 (2) a peace officer acting within the scope and authority of the officer's 17 employment or a person assisting a peace officer under AS 11.81.380. 18 * Sec. 3. AS 11.81.340 is amended by adding a new subsection to read: 19 (b) Notwithstanding (a) of this section, a person may use deadly force upon 20 another when and to the extent the person reasonably believes a child is in imminent 21 threat of death, serious physical injury, kidnapping, sexual assault, sexual abuse of a 22 minor, or robbery in any degree. 23 * Sec. 4. AS 11.81.350 is amended by adding a new subsection to read: 24 (e) A person 25 (1) in a motor vehicle may use deadly force upon another when and to 26 the extent the person reasonably believes it is necessary to terminate what the person 27 reasonably believes to be a carjacking of that motor vehicle; 28 (2) outside of a motor vehicle may use deadly force upon another when 29 and to the extent the person reasonably believes it is necessary to terminate what the 30 person reasonably believes to be the theft of that motor vehicle when another person, 31 other than the perceived offender, is inside of the vehicle.