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OH HB381
Bill
Status
10/23/2019
Primary Sponsor
Candice Keller
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AI Summary
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Enacts the Ohio Stand Your Ground Act, eliminating the duty to retreat from any lawful location before using reasonable force, including deadly force, in self-defense, defense of another, or defense of residence, provided the person is not engaged in illegal activity.
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Establishes that retreat cannot be considered as a factor in determining whether force was necessary, except in limited circumstances involving aggressors or provocation.
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Provides immunity from criminal arrest, charges, prosecution, and civil action for persons who use or threaten reasonable force in accordance with self-defense statutes, and requires courts to award attorney's fees and costs in civil actions if immunity applies.
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Creates pretrial immunity hearings in both criminal and civil cases where defendants filing a motion establish a prima facie claim of self-defense; prosecution must prove by clear and convincing evidence that force was not justified.
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Expands justification for deadly force to include defense against unlawful entry or attempted removal of persons from residences, occupied vehicles, or places of business where the person is lawfully present, with specific exceptions for law enforcement officers performing official duties and persons engaged in criminal offenses.
Legislative Description
Enact modifications to law regarding self-defense
Crimes, Corrections, and Law Enforcement : Crime and Punishment
Last Action
Refer to Committee: Criminal Justice
11/12/2019