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24th Legislature(2005-2006)

Bill Text 24th Legislature


00                             SENATE BILL NO. 200                                                                         
01 "An Act relating to defense of self, other persons, and property."                                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                 
04            Sec. 09.65.330. Immunity:  use of defensive force.  (a)  A person who uses                                 
05       force in defense of self, other persons, or property as permitted in AS 11.81 is immune                           
06       from civil liability for the use of that force unless the person against whom force was                           
07       used was a peace officer who was engaged in the performance of official duties and                                
08       the officer identified the officer in accordance with any applicable law or the person                            
09       using force knew or reasonably should have known that the person was a peace                                      
10       officer.                                                                                                          
11            (b)  The court shall award reasonable attorney fees, court costs, compensation                               
12       for loss of income, and all expenses incurred by the defendant in defense of any civil                            
13       action brought by a plaintiff if the court finds that the defendant is immune from                                
14       liability under (a) of this section.                                                                              
15    * Sec. 2.   AS 11.81.335 is amended to read:                                                                       
01            Sec. 11.81.335.  Justification: Use of deadly force in defense of self.  (a)                               
02       Except as provided in (b) of this section, a person may use deadly force upon another                             
03       person when and to the extent                                                                                     
04                 (1)  the use of nondeadly force is justified under AS 11.81.330; and                                    
05                 (2)  the person reasonably believes the use of deadly force is necessary                                
06       for self defense against death, serious physical injury, kidnapping, sexual assault,                          
07       sexual abuse of a minor [IN THE FIRST DEGREE, SEXUAL ASSAULT IN THE                                           
08       SECOND DEGREE], or robbery in any degree.                                                                         
09            (b)  A person may not use deadly force under this section if the person knows                                
10       to a certainty that, with complete personal safety and with complete safety as to                             
11       others, the person can avoid the necessity of using deadly force by retreating, except                            
12       there is no duty to retreat if the person is                                                                      
13                 (1)  any place where the person has a right to be [ON PREMISES                                      
14       WHICH THE PERSON OWNS OR LEASES] and the person is not the initial                                                
15       aggressor; or                                                                                                     
16                 (2)  a peace officer acting within the scope and authority of the officer's                             
17       employment or a person assisting a peace officer under AS 11.81.380.                                              
18    * Sec. 3.  AS 11.81.340 is amended by adding a new subsection to read:                                             
19            (b)  Notwithstanding (a) of this section, a person may use deadly force upon                                 
20       another when and to the extent the person reasonably believes a child is in imminent                              
21       threat of death, serious physical injury, kidnapping, sexual assault, sexual abuse of a                           
22       minor, or robbery in any degree.                                                                                  
23    * Sec. 4.  AS 11.81.350 is amended by adding a new subsection to read:                                             
24            (e)  A person                                                                                                
25                 (1)  in a motor vehicle may use deadly force upon another when and to                                   
26       the extent the person reasonably believes it is necessary to terminate what the person                            
27       reasonably believes to be a carjacking of that motor vehicle;                                                     
28                 (2)  outside of a motor vehicle may use deadly force upon another when                                  
29       and to the extent the person reasonably believes it is necessary to terminate what the                            
30       person reasonably believes to be the theft of that motor vehicle when another person,                             
31       other than the perceived offender, is inside of the vehicle.                                                      
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