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OH HB796
Bill
Status
11/24/2020
Primary Sponsor
Kyle Koehler
Click for details
AI Summary
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Expands "no duty to retreat" protections in civil tort actions to include lawfully occupied vehicles and vehicles owned by immediate family members, in addition to residences.
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Extends "no duty to retreat" protections in criminal cases to lawfully occupied vehicles and family-owned vehicles when the person is in a place they lawfully have a right to be.
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Prohibits triers of fact from considering the possibility of retreat as a factor when determining whether a person reasonably believed force was necessary to prevent injury, loss, or risk to life or safety.
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Modifies self-defense presumptions in criminal cases to apply when defensive force is used against someone unlawfully entering a residence or vehicle occupied by the person using force.
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Applies to self-defense, defense of another, and defense of residence under both Ohio civil liability law (section 2307.601) and criminal law (sections 2901.05 and 2901.09).
Legislative Description
Expands locations at which a person has no duty to retreat
Crimes, Corrections, and Law Enforcement : Crime and Punishment
Last Action
Refer to Committee: Civil Justice
12/1/2020