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2006 Senate Bill 38: Eliminate 'duty to retreat' for victims of specified crimes

Public Act 192 of 2006

Introduced by Sen. Richard L. Roeding (R) on January 3, 2006 To provide immunity from prosecution in certain use of force cases and provide that law enforcement can investigate claims of lawful use of force but cannot make an arrest unless there is probable cause to believe that the use of force was unlawful. The bill also would remove the 'duty to retreat' by victims of certain property crimes. The bill would set various rules for presumptions and principles relating to the use of force by individuals.   Official Text and Analysis.
Referred to the Senate Judiciary Committee on January 4, 2006
Substitute offered in the Senate on March 2, 2006 To prevent escape to broaden the conditions under which force may be used to include transportation and escape from other than correctional facility.
The substitute failed by voice vote in the Senate on March 8, 2006
Amendment offered by Sen. Ray S. Jones, II (D) on March 2, 2006 To establish that a peace officer is justified in using any force he believes is necessary to prevent the escape of a prisoner when that prisoner's crime would qualify him as a violent offender.
Passed 36 to 2 in the Senate on March 8, 2006.
    See Who Voted "Yes" and Who Voted "No".
(same description)
To provide immunity from prosecution in certain use of force cases and provide that law enforcement can investigate claims of lawful use of force but cannot make an arrest unless there is probable cause to believe that the use of force was unlawful. The bill also would remove the 'duty to retreat' by victims of certain property crimes. The bill would set various rules for presumptions and principles relating to the use of force by individuals.
Received in the House on March 9, 2006
Referred to the House Judiciary Committee on March 13, 2006
Substitute offered in the House on March 22, 2006 To make technical corrections.
The substitute passed by voice vote in the House on March 24, 2006
Passed 88 to 8 in the House on March 24, 2006.
    See Who Voted "Yes" and Who Voted "No".
(same description)
To provide immunity from prosecution in certain use of force cases and provide that law enforcement can investigate claims of lawful use of force but cannot make an arrest unless there is probable cause to believe that the use of force was unlawful. The bill also would remove the 'duty to retreat' by victims of certain property crimes. The bill would set various rules for presumptions and principles relating to the use of force by individuals.
Received in the Senate on March 24, 2006
Passed 36 to 1 in the Senate on April 10, 2006.
    See Who Voted "Yes" and Who Voted "No".
(same description)
To provide immunity from prosecution in certain use of force cases and provide that law enforcement can investigate claims of lawful use of force but cannot make an arrest unless there is probable cause to believe that the use of force was unlawful. The bill also would remove the 'duty to retreat' by victims of certain property crimes. The bill would set various rules for presumptions and principles relating to the use of force by individuals.
Signed by Gov. Ernie Fletcher on April 21, 2006

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