Bill Summary for S 34 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
TO CLARIFY WHEN A PERSON MAY USE DEFENSIVE FORCE TO PROTECT AGAINST THE UNLAWFUL AND FORCIBLE ENTRY INTO THE PERSON'S DWELLING BY ANOTHER, TO PREVENT THE REMOVAL OF A PERSON AGAINST HIS OR HER WILL FROM THE PERSON'S DWELLING, AND TO PROVIDE THAT A PERSON IS JUSTIFIED IN USING DEFENSIVE FORCE IN THESE CIRCUMSTANCES AND SO IS IMMUNE FROM CRIMINAL PROSECUTION AND CIVIL ACTION FOR THE USE OF SUCH FORCE.Intro. by Brock, D. Berger, Harrington.
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Repeals GS 14-51.1 (use of deadly force against an intruder) and enacts new GS 14-51.2 providing that a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to self or another when using defensive force that is intended or likely to cause death or great bodily harm to another if both of the following apply: (1) the person against whom the force was used was in the process of unlawfully and forcefully entering, or had so entered, a dwelling, or had removed or attempted to remove another from the dwelling and (2) the person using the deadly force knew or had reason to believe that such unlawful and forcible entry or removal had occurred.
The presumption does not apply if (1) the person against whom the force was used had a right to be in the dwelling and there is not a protective or no contact order against that person, (2) the person removed or sought to be removed is a child or grandchild or is otherwise under lawful custody or guardianship of the person against whom the defensive force is used, (3) the person using the force is engaged in other unlawful activity, (4) the person against whom the force is used is a law enforcement officer acting in the lawful performance of the officer’s official duties and who has made known his status as a law enforcement officer or the person using force should have known the individual was an officer, or (5) the person against whom the force is used has discontinued all efforts to unlawfully and forcefully enter the dwelling or residence and has exited the dwelling or residence.
Provides that a person who unlawfully and by force enters or attempts to enter another’s dwelling is presumed to be doing so with intent to commit an unlawful act involving force or violence.
Provides immunity for a person using force as justified by circumstances described above.
Defines terms as used in the proposed new section.
Effective December 1, 2011, and applies to offenses committed on or after that date. Provides that prosecutions for offenses committed before the effective date are not abated or affected by this act and the statutes that would be applicable to such offenses were it not for this act remain applicable to those prosecutions.