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REFERENCE TITLE: deadly force; use; home protection |
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State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
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SCR 1001 |
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Introduced by Senator Harper
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A CONCURRENT RESOLUTION
Proposing an amendment to the constitution of Arizona; amending article II, Constitution of Arizona, by adding section 35; relating to the use of deadly force.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article II, Constitution of Arizona, is proposed to be amended by adding section 35 as follows, if approved by the voters and on proclamation of the Governor:
35. Home protection; use of deadly physical force; presumption; definitions
A. A person is justified in threatening or using physical force or deadly physical force against another if the person reasonably believes himself or another person to be in imminent peril of death or serious bodily injury and both of the following apply:
1. The person against whom the physical force or deadly physical force is used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence or occupied vehicle, or had removed or was attempting to remove another person against the other person's will from the dwelling, residence or occupied vehicle.
2. The person who uses physical force or deadly physical force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
B. For the purposes of subsection A, a person is presumed to be acting reasonably if the person is acting against another person who unlawfully and forcefully enters or entered the person's dwelling, residence or occupied vehicle.
C. The presumption under subsection B does not apply if:
1. The person against whom physical force or deadly physical force was used has the right to be in or is a lawful resident of the dwelling, residence or 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 the physical force or deadly physical force was used is the parent or grandparent, or has legal custody or guardianship, of a child or grandchild sought to be removed under subsection A, paragraph 1.
3. The person who uses physical force or deadly physical force is engaged in an unlawful activity or is using the dwelling, residence or occupied vehicle to further an unlawful activity.
4. the person against whom the physical force or deadly physical force was used is a law enforcement officer who enters or attempts to enter a dwelling, residence or occupied vehicle in the performance of official duties and the officer identified himself as an officer or the person using force knew or reasonably should have known that the person was a law enforcement officer.
D. A person who is attacked in any other place where the person has a right to be and who is not engaged in an unlawful activity has the right to use or threaten to use physical force or deadly physical force if the person reasonably believes it is necessary to do so to prevent death or serious bodily injury to himself or another person or to prevent the commission of a violent offense.
E. A person has no duty to retreat before threatening or using physical force or deadly physical force pursuant to this section.
F. For the purposes of this section:
1. "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and that is designed to be occupied by persons lodging in it at night.
2. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
3. "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.