Senate committee substitute makes the following changes to 1st edition. Amends the long title to AN ACT TO PROVIDE WHEN A PERSON MAY USE DEFENSIVE FORCE, INCLUDING FORCE THAT IS INTENDED OR LIKELY TO CAUSE DEATH OR SERIOUS BODILY HARM, AND TO CREATE A PRESUMPTION THAT A PERSON IS PRESUMED TO HAVE HELD A REASONABLE FEAR OF IMMINENT PERIL OF DEATH OR SERIOUS BODILY HARM IN CERTAIN CIRCUMSTANCES.
Defense of home, motor vehicle, or workplace. Amends proposed GS 14-51.2 adding definitions for home, motor vehicle, and workplace. Deletes definitions for criminal prosecution, dwelling and residence. Adds the definition for home and includes the concept of curtilage (the area of land immediately surrounding a home that is enclosed or considered to be enclosed) in that definition. Adds workplace and motor vehicle to the places where a lawful occupant who uses defensive force that is intended or likely to cause death or serious bodily harm is presumed to have held a reasonable fear of imminent death or serious bodily harm (was, fear of imminent peril of death or great bodily harm) to self or to another. Deletes the words “dwelling or residence” wherever they appear and replaces them with “home, motor vehicle, or workplace.” Provides that a person who uses force as permitted by this proposed statute in defense of home, motor vehicle, or workplace is immune from criminal and civil liability (was, criminal prosecution and civil action) except if the force is used against a law enforcement officer acting lawfully (was, acting) in the performance of the officer’s official duties and the officer provided identification or the person using the force knew or reasonably should have known that the person was a law enforcement officer lawfully acting in performance of the officer’s official duties. Clarifies that the presumption applies to a lawful occupant of the home, motor vehicle, or the workplace (was, applies to a person). Adds that a lawful occupant of the home, motor vehicle, or the workplace has no duty to retreat. Preserves all applicable common law defenses.
Defense of self or another. Enacts new GS 14-51.3 providing that a person may use force, but not deadly force, in the defense of self or of others if the person reasonably believes that the use of force is a necessary defense against the imminent use of unlawful force by another. However, provides that a person is justified in the use of deadly force and has no duty to retreat in any place the person has the lawful right to be if: (1) the person reasonably believes that the use of deadly force is necessary to prevent imminent death or great bodily harm to self or to another; or under the circumstances permitted under proposed GS 14-51.2. Provides that a person who uses force as permitted in proposed GS 14-51.3 is immune from civil or criminal liability except if the person against whom the force is used is a law enforcement officer acting lawfully in the performance of the officer’s official duties and the officer provided identification or the person using the force knew or reasonably should have known that the person was a law enforcement officer lawfully acting in performance of the officer’s official duties.