208759-1:n:11/30/2020:CMH/ma LSA2020-2331




SB155
By Senator Allen
RFD Judiciary
Rd 1 02-FEB-21


SYNOPSIS:Under existing law, a person in lawful possession or control of premises or a person who is licensed or privileged to be on premises, may use physical force upon another person when and to the extent that he or she reasonably believes it is necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
Also under existing law, a person may use deadly physical force to defend premises when the person reasonably believes a trespasser is in the commission or attempted commission of arson against the premises.
This bill would further provide for the use of deadly physical force to defend premises by providing that if an active riot is occurring within 500 feet of the premises, a person in lawful possession or control of the premises may use deadly physical force to defend the premises from criminal mischief or burglary.
This bill would also make nonsubstantive, technical revisions to update the language to current code style.

A BILL
TO BE ENTITLED
AN ACT

Relating to self-defense; to amend Sections 13A-3-20, 13A-3-25, and 13A-3-27, Code of Alabama 1975, to provide further for the right to use force in defense of premises; and to make nonsubstantive, technical revisions to update the language to current code style.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections 13A-3-20, 13A-3-25, and 13A-3-27, Code of Alabama 1975, are amended to read as follows:

13A-3-20.

"The following definitions are applicable to this article:

"(1) BUILDING. Any structure which may be entered and utilized by persons for business, public use, lodging, or the storage of goods, and includes any vehicle, aircraft, or watercraft used for the lodging of persons or carrying on business therein. Each unit of a building consisting of two or more units separately occupied or secured is a separate building.

"(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

"(3) DWELLING. A building which is usually occupied by a person lodging therein at night, or a building of any kind, including any attached balcony, whether the building is temporary or permanent, mobile or immobile, which has a roof over it, and is designed to be occupied by people lodging therein at night.

"(4) FORCE. Physical action or threat against another, including confinement.

"(5) PREMISES. The term includes any building, as defined in this section, and any real property.

"(6) RESIDENCE. A dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

"(7) VEHICLE. A motorized conveyance which is designed to transport people or property.

13A-3-25.

"(a) A person in lawful possession or control of premises, as defined in Section 13A-3-20, or a person who is licensed or privileged to be thereon on premises, may use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon such the premises.

"(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section only under any of the following conditions:

"(1) In defense of a person, as provided in Section 13A-3-23; or.

"(2) When he or she reasonably believes it is necessary to use physical force, deadly or otherwise, to prevent the commission of arson in the first or second degree by the trespasser.

"(3) If the premises are located within 500 feet of an active riot, when he or she reasonably believes it is necessary to use physical force, deadly or otherwise, to prevent the commission of criminal mischief or burglary by the trespasser.

13A-3-27.

"(a) A peace officer is justified in using that degree of physical force which he or she reasonably believes to be necessary, upon a person in order do either of the following:

"(1) To make an arrest for a misdemeanor, violation, or violation of a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor, violation, or violation of a criminal ordinance, unless the peace officer knows that the arrest is unauthorized; or.

"(2) To defend himself or herself or a third person from what he the officer reasonably believes to be the use or imminent use of physical force while making or attempting to make an arrest for a misdemeanor, violation, or violation of a criminal ordinance, or while preventing or attempting to prevent an escape from custody of a person who has been legally arrested for a misdemeanor, violation, or violation of a criminal ordinance.

"(b) A peace officer is justified in using deadly physical force upon another person when and to the extent that he or she reasonably believes it necessary in order to do either of the following:

"(1) To make an arrest for a felony or to prevent the escape from custody of a person arrested for a felony, unless the officer knows that the arrest is unauthorized; or.

"(2) To defend himself or herself or a third person from what he the officer reasonably believes to be the use or imminent use of deadly physical force.

"(c) Nothing in subdivision (a)(1), or (b)(1), or (f)(2) constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to persons being arrested or to innocent persons whom he the officer is not seeking to arrest or retain in custody.

"(d) A peace officer who is effecting an arrest pursuant to a warrant is justified in using the physical force prescribed authorized in subsections (a) and (b) unless the warrant is invalid and is known by the officer to be invalid.

"(e) Except as provided in subsection (f), a person who has been directed by a peace officer to assist him to effect an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that he the person reasonably believes that force to be necessary to carry out the peace officer's direction.

"(f) A person who has been directed to assist a peace officer under circumstances specified in subsection (e) may use deadly physical force to effect an arrest or to prevent an escape only when under either of the following circumstances:

"(1) He The person reasonably believes that force to be is necessary to defend himself or herself or a third person from what he the person reasonably believes to be the use or imminent use of deadly physical force; or.

"(2) He The person is authorized by the peace officer to use deadly physical force and does not know that the peace officer himself is not authorized to use deadly physical force under the circumstances.

"(g) A private person acting on his or her own account is justified in using physical force upon another person when and to the extent that he or she reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he or she reasonably believes has committed a felony and who in fact has committed that felony, but he; provided, however, the person is justified in using deadly physical force for the purpose only when he or she reasonably believes it necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force.

"(h)(1) A guard or peace officer employed in a detention facility is justified in doing any of the following:

"(1) In using a. Using deadly physical force when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the escape of a prisoner accused or convicted of a felony from any detention facility, or from an armed escort or guard;.

"(2)b. In using physical force, but not deadly physical force, in all other circumstances when and to extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the escape of a prisoner from a detention facility.

"(3)"Detention facility" (2) As used in this subsection, detention facility means any place used for the confinement, pursuant to law, of a person who has been:

"a. Charged with or convicted of an offense; or

"b. Charged with being or adjudicated a youthful offender, a neglected minor, or juvenile delinquent; or

"c. Held for extradition; or

"d. Otherwise confined pursuant to an order of a criminal court."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Crimes and Offenses
Criminal Law and Procedure
Self-Defense
Code Amended