HB 1193 Summary

• Amends North Dakota Century Code section 12.1-05-07 to establish that an individual cannot use more force than is necessary and appropriate under the circumstances.

• Authorizes deadly force in seven specific instances: lawful authorization by law or war; lawful self-defense or defense of others against death, serious bodily injury, or violent felonies; protection of dwellings, workplaces, or occupied motor homes/travel trailers from arson, burglary, robbery, or violent felonies; law enforcement arrests or escape prevention for violent felonies; prevention of prisoner escapes from detention facilities; emergency medical treatment by licensed physicians; and when directed by a public servant without knowledge of unauthorized force.

• Requires individuals to attempt retreat or avoid force when safety can be obtained thereby, except for public servants performing duties and individuals defending their own dwelling, workplace, or occupied motor home/travel trailer unless they were the original aggressor.

• Defines a detention facility as any place used for court-ordered confinement of individuals charged with or convicted of offenses, adjudicated as juvenile delinquents, held for extradition, or otherwise confined by court order.