H.B. 259 Duty to Retreat Amendments

Bill Sponsor:

Rep. Maloy, A. Cory
Floor Sponsor:

Sen. Dayton, Margaret
  • CoSponsor(s):
        Albrecht, C.  Brooks, W.
        Christofferson, K.  Coleman, K.
        Daw, B.  Fawson, J.
        Gardiner, A.  Greene, B.
        Ivory, K.  Kennedy, M.
        Lisonbee, K.  Miles, K.
        Moss, J.  Noel, M.
        Owens, D.  Perry, L.
        Quinn, T.  Roberts, M.
        Sandall, S.  Schultz, M.
        Thurston, N.  Webb, R. C.
        Wilde, L.  Winder, M.
  • Drafting Attorney: Esther D. Chelsea-McCarty
  • Fiscal Analyst: Gary R. Syphus
  • Information
    • Last Action: 9 Mar 2017, House/ filed
    • Last Location: House file for bills not passed

H.B. 259

1st Sub.

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 21, 2017 at 1:17 PM by jeyring.
Representative A. Cory Maloy proposes the following substitute bill:


1     
DUTY TO RETREAT AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies that a person is not required to retreat from an aggressor.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that a person is not required to retreat from an aggressor even if there is a
13     safe place to retreat to; and
14          ▸ Ĥ→ [prohibits a trier of fact from considering] states that ←Ĥ whether a person who did
14a     not retreat from
15     an aggressor acted reasonably Ĥ→ is not relevant in a trial on the issue of self-defense ←Ĥ .
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-2-402, as last amended by Laws of Utah 2010, Chapters 324 and 361
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-2-402 is amended to read:
26          76-2-402. Force in defense of person -- Forcible felony defined.
27          (1) (a) A person is justified in threatening or using force against another when and to
28     the extent that the person reasonably believes that force or a threat of force is necessary to
29     defend the person or a third person against another person's imminent use of unlawful force.
30          (b) A person is justified in using force intended or likely to cause death or serious
31     bodily injury only if the person reasonably believes that force is necessary to prevent death or
32     serious bodily injury to the person or a third person as a result of another person's imminent use
33     of unlawful force, or to prevent the commission of a forcible felony.
34          (2) (a) A person is not justified in using force under the circumstances specified in
35     Subsection (1) if the person:
36          (i) initially provokes the use of force against the person with the intent to use force as
37     an excuse to inflict bodily harm upon the assailant;
38          (ii) is attempting to commit, committing, or fleeing after the commission or attempted
39     commission of a felony; or
40          (iii) was the aggressor or was engaged in a combat by agreement, unless the person
41     withdraws from the encounter and effectively communicates to the other person his intent to do
42     so and, notwithstanding, the other person continues or threatens to continue the use of unlawful
43     force.
44          (b) For purposes of Subsection (2)(a)(iii) the following do not, by themselves,
45     constitute "combat by agreement":
46          (i) voluntarily entering into or remaining in an ongoing relationship; or
47          (ii) entering or remaining in a place where one has a legal right to be.
48          [(3) A person does not have a duty to retreat from the force or threatened force
49     described in Subsection (1) in a place where that person has lawfully entered or remained,
50     except as provided in Subsection (2)(a)(iii).]
51          (3) Except as provided in Subsection (2)(a)(iii):
52          (a) a person does not have a duty to retreat from the force or threatened force described
53     in Subsection (1) in a place where that person has lawfully entered or remained, even if safety
54     could be achieved by retreating; and
55          (b) the failure to retreat Ĥ→ [may not be introduced as evidence nor may any trier of fact
56     consider failure to retreat regarding] is not relevant in determining ←Ĥ whether a person acted
56a     reasonably in any trial on the issue
57     of self-defense.
58          (4) (a) For purposes of this section, a forcible felony includes aggravated assault,
59     mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping,
60     rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a
61     child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76,
62     Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76,
63     Chapter 6, Offenses Against Property.
64          (b) Any other felony offense which involves the use of force or violence against a
65     person so as to create a substantial danger of death or serious bodily injury also constitutes a
66     forcible felony.
67          (c) Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible
68     felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
69          (5) In determining imminence or reasonableness under Subsection (1), the trier of fact
70     may consider, but is not limited to, any of the following factors:
71          (a) the nature of the danger;
72          (b) the immediacy of the danger;
73          (c) the probability that the unlawful force would result in death or serious bodily
74     injury;
75          (d) the [other's] other person's prior violent acts or violent propensities; and
76          (e) any patterns of abuse or violence in the parties' relationship.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
2/1/2017 Bill Numbered but not DistributedLegislative Research and General Counsel
2/1/2017 Numbered Bill Publicly DistributedLegislative Research and General Counsel
2/2/2017 House/ received bill from Legislative ResearchClerk of the House
2/2/2017 House/ 1st reading (Introduced)House Rules Committee
2/6/2017 House/ received fiscal note from Fiscal AnalystHouse Rules Committee
2/8/2017 House/ to standing committeeHouse Law Enforcement and Criminal Justice Committee
2/13/2017 House/ to Printing with fiscal noteHouse Law Enforcement and Criminal Justice Committee
2/16/2017 House Comm - Not ConsideredHouse Law Enforcement and Criminal Justice Committee
2/17/2017 House Comm - Substitute Recommendation from # 0 to # 1House Law Enforcement and Criminal Justice Committee10 0 2
2/17/2017 House Comm - Amendment Recommendation # 1House Law Enforcement and Criminal Justice Committee10 0 2
2/17/2017 House Comm - Favorable RecommendationHouse Law Enforcement and Criminal Justice Committee6 4 2
2/21/2017 (2:14:30 PM)House/ comm rpt/ substituted/ amendedHouse Law Enforcement and Criminal Justice Committee
2/21/2017 (2:14:31 PM)House/ 2nd readingHouse 3rd Reading Calendar for House bills
2/28/2017 House/ 3rd Reading Calendar to RulesHouse Rules Committee
2/28/2017 House/ Rules to 3rd Reading CalendarHouse 3rd Reading Calendar for House bills
3/2/2017 (11:55:56 AM)House/ 3rd readingHouse 3rd Reading Calendar for House bills
3/2/2017 (12:04:08 PM)House/ passed 3rd readingSenate Secretary53 15 7
3/2/2017 (12:04:10 PM)House/ to SenateSenate Secretary
3/2/2017 Senate/ received from HouseWaiting for Introduction in the Senate
3/2/2017 Senate/ 1st reading (Introduced)Senate Rules Committee
3/3/2017 Senate/ to standing committeeSenate Judiciary, Law Enforcement, and Criminal Justice Committee
3/6/2017 Senate Comm - HeldSenate Judiciary, Law Enforcement, and Criminal Justice Committee3 1 3
3/6/2017 Senate Comm - Returned to RulesSenate Judiciary, Law Enforcement, and Criminal Justice Committee
3/7/2017 Senate/ comm rpt/ sent to RulesSenate Rules Committee
3/9/2017 Senate/ strike enacting clauseSenate Secretary
3/9/2017 Senate/ to HouseClerk of the House
3/9/2017 House/ received from SenateClerk of the House
3/9/2017 House/ filedHouse file for bills not passed