Bill Text: AZ SB1339 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced

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Bill Title: Justification; deadly physical force exceptions

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2023-02-09 - Senate read second time [SB1339 Detail]

Download: Arizona-2023-SB1339-Introduced.html

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REFERENCE TITLE: justification; deadly physical force exceptions

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

SB 1339

 

Introduced by

Senators Mendez: Diaz, Gonzales, Hatathlie, Hernandez, Sundareshan; Representative Salman

 

 

 

 

 

 

 

An Act

 

amending section 13-405, 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 13-405, Arizona Revised Statutes, is amended to read:

START_STATUTE13-405. Justification; use of deadly physical force; exceptions

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 is not justified in threatening or using deadly physical force against another if the person either:

1. Leaves a place of safety and actively pursues the other person who is engaged in a lawful activity.

2. Pursues the other person after a law enforcement officer requests that the person retreat to a place of safety.

B. C. A person has no duty to retreat before threatening or using 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. END_STATUTE