Bill Text: CT SB01210 | 2011 | General Assembly | Introduced


Bill Title: An Act Concerning The Use Of Deadly Physical Force To Defend The Residents Of A Home.

Sponsorship: Partisan Bill (Republican 4)

Status: (Introduced - Dead) 2011-03-18 - Public Hearing 03/23 [SB01210 Detail]

Download: Connecticut-2011-SB01210-Introduced.html

General Assembly

 

Raised Bill No. 1210

January Session, 2011

 

LCO No. 4801

 

*04801_______JUD*

Referred to Committee on Judiciary

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE USE OF DEADLY PHYSICAL FORCE TO DEFEND THE RESIDENTS OF A HOME.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 53a-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

A person in possession or control of premises, or a person who is licensed or privileged to be in or upon such premises, is justified in using reasonable physical force upon another person when and to the extent that [he] such person reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of a criminal trespass by such other person in or upon such premises; but [he] such person may use deadly physical force under such circumstances only (1) in defense of a person as prescribed in section 53a-19, or (2) when [he] such person reasonably believes such to be necessary to prevent an attempt by the trespasser to commit arson or any crime of violence, or (3) to the extent that [he] such person reasonably believes such to be necessary to prevent or terminate an unlawful entry [by force] into [his] such person's dwelling, as defined in section 53a-100, or place of work, and for the sole purpose of such prevention or termination. There shall be a presumption that the belief of a person under this section that the use of deadly physical force is necessary to defend himself or herself or another person, or to prevent a trespasser from committing arson or a crime of violence, or to prevent or terminate an unlawful entry by force into such person's dwelling, is a reasonable belief.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2011

53a-20

Statement of Purpose:

To create a presumption that it is reasonable to believe deadly physical force is necessary to defend oneself from a person who has unlawfully entered a dwelling.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

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