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OH HB796

Bill

Status

Introduced

11/24/2020

Primary Sponsor

Kyle Koehler

Click for details

Origin

House of Representatives

133rd General Assembly (2019-2020)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Civil Justice12/1/2020

Full Bill Text

No bill text available