Bill Text: CA AB1333 | 2025-2026 | Regular Session | Introduced
Bill Title: Crimes: homicide.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-24 - Read first time. [AB1333 Detail]
Download: California-2025-AB1333-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1333
| Introduced by Assembly Member Zbur |
February 21, 2025 |
An act to amend Section 197 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1333, as introduced, Zbur.
Crimes: homicide.
Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified. Existing law establishes certain circumstances in which homicide is justifiable, as specified.
This bill would eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property. The bill would additionally clarify circumstances in which homicide is not justifiable, including, among others, when a person uses more force than necessary to defend against a danger.
By expanding the scope of the crime of homicide, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school
districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 197 of the Penal Code is amended to read:197.
(a) Homicide is also justifiable when committed by any person in(1) When resisting any attempt to murder any person, or to commit a felony, person or to do some great bodily injury upon any person.
(2) When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, of a person, against one who manifestly intends or endeavors in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein.
(3) When committed in the lawful defense of such person, or of a spouse, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he or she was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed.
to do some great bodily injury, and imminent danger of such design being accomplished.
(4)When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
(b) Homicide is not justifiable when committed by a person in all of the following cases:
(1) When the person was outside of their residence and knew that using force likely to cause death or great bodily injury could have been
avoided with complete safety by retreating.
(2) When the person used more force than was reasonably necessary to defend against a danger.
(3) When the person was the assailant, engaged in mutual combat, or knowingly engaged in conduct reasonably likely to provoke a person to commit a felony or do some great bodily injury, except if either of the following circumstances apply:
(A) The person reasonably believed that they were in imminent danger of death or great bodily injury, and had exhausted every reasonable means to escape such danger other than the use of force likely to cause death or great bodily injury.
(B) In good faith, the person withdrew from the encounter with the other assailant or assailants and indicated clearly to the other assailant or
assailants that the person desired to withdraw and terminated the use of any force, but the other assailant or assailants continued or resumed the use of force.
