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REFERENCE TITLE: justification; requirements |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2664 |
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Introduced by Representatives Longdon: Bravo, Gutierrez, Hernandez A, Hernandez C, Hernandez L, Sun, Terech, Travers
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An Act
amending sections 13-404, 13-405, 13-408, 13-411 and 13-419, Arizona Revised Statutes; repealing section 13-421, Arizona Revised Statutes; relating to justification.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-404, Arizona Revised Statutes, is amended to read:
13-404. Justification; self-defense
A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.
B. The threat or use of physical force against another is not justified:
1. In response to verbal provocation alone; or
2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or
3. If the person provoked knowingly engaged in conduct that was reasonably likely to provoke the other's use or attempted use of unlawful physical force, unless:
(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and
(b) The other nevertheless continues or attempts to use unlawful physical force against the person.
Sec. 2. Section 13-405, Arizona Revised Statutes, is amended to read:
13-405. Justification; use of deadly physical force
A. A person is justified in threatening or using deadly physical force against another:
1. If such the person would be justified in threatening or using physical force against the other under section 13-404, and
2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.
B. A person has no duty to retreat before threatening or using may not use deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act knows that by retreating the person can avoid the necessity of using deadly force with complete safety.
Sec. 3. Section 13-408, Arizona Revised Statutes, is amended to read:
13-408. Justification; use of physical force in defense of property
A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his the person's possession or control, but such the person may use deadly physical force under these circumstances only as provided in sections 13-405, 13-406 and 13-411.
Sec. 4. Section 13-411, Arizona Revised Statutes, is amended to read:
13-411. Justification; use of force in crime prevention; applicability
A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.
B. There is no duty to retreat before threatening or A person is justified in using physical force or deadly physical force justified by subsection A of pursuant to this section only if the person's use of force is justified pursuant to section 13-405 or 13-406.
C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.
D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, or place of business, on land the person owns or leases, in or on conveyance of any kind, or in any other place in this state where a person has a right to be.
Sec. 5. Section 13-419, Arizona Revised Statutes, is amended to read:
13-419. Presumptions; defense of a residential structure or occupied vehicle; exceptions; definitions
A. A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the purposes of sections 13-404, through 13-405, 13-406, 13-407, 13-408, section and 13-418 and section 13-421 if the person knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the person's residential structure or occupied vehicle.
B. For the purposes of sections 13-404, through 13-405, 13-406, 13-407, 13-408, section and 13-418 and section 13-421, a person who is unlawfully or forcefully entering or who has unlawfully or forcefully entered and is present in a residential structure or occupied vehicle is presumed to pose an imminent threat of unlawful deadly harm to any person who is in the residential structure or occupied vehicle.
C. The presumptions in subsections A and B of this section do not apply if:
1. The person against whom physical force or deadly physical force was threatened or used has the right to be in or is a lawful resident of the residential structure or occupied vehicle, including an owner, lessee, invitee or titleholder, and an order of protection or injunction against harassment has not been filed against that person.
2. The person against whom physical force or deadly physical force was threatened or used is the parent or grandparent, or has legal custody or guardianship, of a child or grandchild sought to be removed from the residential structure or occupied vehicle.
3. The person who threatens or uses physical force or deadly physical force is engaged in an unlawful activity or is using the residential structure or occupied vehicle to further an unlawful activity.
4. The person against whom physical force or deadly physical force was threatened or used is a law enforcement officer who enters or attempts to enter a residential structure or occupied vehicle in the performance of official duties.
D. For the purposes of this section:
1. "Residential structure" has the same meaning prescribed in section 13-1501.
2. "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.
Sec. 6. Repeal
Section 13-421, Arizona Revised Statutes, is repealed.