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NC H74
Bill
Status
2/10/2011
Primary Sponsor
John Torbett
Click for details
AI Summary
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Provides legal justification for using force, including deadly force, in self-defense, defense of others, and protection of home or vehicle when a person reasonably believes it is necessary to prevent death, great bodily harm, or commission of a forcible felony.
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Establishes a presumption that a person has reasonable fear of death or great bodily harm when using defensive force against someone unlawfully and forcibly entering a dwelling, residence, or occupied vehicle, with exceptions for lawful residents and law enforcement acting in official capacity.
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Grants immunity from criminal prosecution and civil action to persons who use justified force, and requires courts to award attorneys' fees and costs to defendants found immune or civil defendants prevailing in cases involving use of defensive force.
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Eliminates duty to retreat when a person is in a place where they have a right to be and is not engaged in unlawful activity, allowing them to "stand their ground" and meet force with force.
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Creates a civil defense for injuries sustained during commission or attempted commission of a forcible felony, with provisions for staying civil actions during pending criminal cases and imposing sanctions on convicted criminals, including loss of prison privileges and payment of opposing counsel fees.
Legislative Description
Castle Doctrine
Last Action
Re-ref Com On Judiciary Subcommittee A
3/22/2011