Loading chat...
NC H52
Bill
Status
2/8/2011
Primary Sponsor
Marilyn Avila
Click for details
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