SB 1111 - This act relates to the use of force.SECTION 563.011 - This section defines certain terms relating to the defense of justification, including "dwelling", "forcible felony", "remain after unlawfully entering", "residence", and "unlawfully enter."
SECTION 563.031 - In addition to current restrictions on the use of force, a person is not justified in using force against another if such person was attempting to commit, committing, or escaping after committing a forcible felony.
In addition to other circumstances when deadly force may be used, a person may use deadly force against an individual who unlawfully enters, remains, or attempts to enter a dwelling, residence, or vehicle lawfully occupied by the person or to protect himself or herself against death, serious injury, or any forcible felony.
This section states that a person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not entering or remaining unlawfully.
SECTION 563.036 - This section regarding the use of physical force in defense of premises is repealed.
SECTION 563.041 - This section contains technical modifications.
SECTION 563.074 - A person who uses justified force is immune from criminal prosecution and civil action for the use of such force. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by the plaintiff if the court finds that the defendant is immune from prosecution.
This act is similar to HCS/HBs 1461, 1375, 1110, & 1103 (2006).
SUSAN HENDERSON MOORE