Bill Summary for H 1192 (2011-2012)

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Summary date: 

May 29 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 1192 (Public) Filed Tuesday, May 29, 2012
TO AMEND THE LAW REGARDING THE "CASTLE DOCTRINE" AND TO REPEAL THE "STAND YOUR GROUND LAWS" SO THAT THE COMMON LAW CONTINUES TO GOVERN THE LAWFUL USE OF FORCE IN DEFENSE OF ONE'S SELF OR ANOTHER PERSON.
Intro. by Adams.

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Bill summary

Enacts new GS 14-51.5 to provide that a lawful occupant within a home or residence is justified in using any degree of force that the occupant reasonably believes is necessary to prevent the forceable entry into the residence or to stop an intruder’s unlawful entry if the occupant reasonably (1) apprehends that the intruder may kill or inflict serious bodily harm on the resident or other occupants, or (2) believes that the intruder intends to commit a felony in the residence. Provides that an occupant does not have a duty to retreat. Repeals GS 14-51.2 (Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm), GS 14-51.3 (Use of force in defense of person; relief from criminal or civil liability), and GS 14-51.4 (Justification for defensive force not available). Effective for offenses committee on or after December 1, 2012.