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NC H52

Bill

Status

Introduced

2/8/2011

Primary Sponsor

Marilyn Avila

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Establishes a "Castle Doctrine" presumption that a person has reasonable fear of death or great bodily harm when using defensive force against unlawful and forcible entry into a dwelling or residence, or against removal of another person from their dwelling.

  • Provides immunity from criminal prosecution and civil action for persons who justifiably use defensive force under these circumstances, except against law enforcement officers performing official duties who properly identified themselves.

  • Presumes that anyone unlawfully and forcibly entering a dwelling intends to commit an unlawful act involving force or violence.

  • Carves out exceptions where the presumption does not apply, including when the person entering is a lawful resident, when the person being removed is in lawful custody of the person being resisted, or when the person using force is committing a crime.

  • Becomes effective December 1, 2011, and applies only to offenses committed on or after that date.

Legislative Description

The Castle Doctrine

Last Action

Re-ref Com On Judiciary Subcommittee A

3/22/2011

Committee Referrals

Judiciary Subcommittee A3/22/2011
Judiciary Subcommittee B2/9/2011

Full Bill Text

No bill text available