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ND SB2315

Bill

Status

Introduced

1/23/2017

Primary Sponsor

David Clemens

Click for details

Origin

Senate

65th Legislative Assembly

AI Summary

  • Creates new section 12.1-05-06.1 authorizing use of deadly force to prevent or terminate unlawful entry, trespass, or theft/damage to property if the person reasonably believes such force is immediately necessary and non-deadly force would expose them to substantial risk of death or serious bodily injury.

  • Permits deadly force to prevent imminent commission of arson, burglary, robbery, aggravated robbery, theft, or criminal mischief, or to stop a fleeing individual escaping with stolen property.

  • Amends section 12.1-05-07 to clarify that deadly force in defense of premises and property is justified under specified circumstances involving protection of dwellings, workplaces, and occupied motor homes or travel trailers.

  • Maintains existing restrictions that individuals must attempt to retreat or avoid force when safety permits, except within their own dwelling, place of work, or occupied motor home/travel trailer unless they were the original aggressor.

  • Preserves exemptions allowing public servants and licensed physicians to use force in their official capacities without duty to retreat.

Legislative Description

Limits on the use of force and deadly force.

Last Action

Second reading, failed to pass, yeas 4 nays 42

2/8/2017

Committee Referrals

Judiciary1/23/2017

Full Bill Text

No bill text available