Introduced by Rep. Richard Carlson (R) on January 12, 2010, to expand the definition of self defense in criminal law to include the justified threat of force in addition to the currently justified force itself. Among other new applications of the term in this bill, the use of a justified threat would also be applied to law enforcement officers who reasonably believe that such a threat is needed to affect an arrest or to protect the officer or others from great bodily harm.
Referred to the House Corrections and Juvenile Justice Committee on January 13, 2010.
Referred to the House Judiciary Committee on January 26, 2010.
Reported in the House on February 16, 2010, recommending the bill be passed as amended. House committee inserted definitions of "use of force", "deadly force", and conditions under which a person may reasonably believe deadly force is necessary, such as when someone unlawfully or forcefully enters the dwelling, workplace or occupied motor vehicle of another, although exceptions to this rule are also listed.
Passed 122 to 0 in the House on February 19, 2010, to expand the definition of self defense in criminal law to include the justified threat of force in addition to the currently justified force itself; providing definitions of "use of force", "deadly force", and conditions under which a person may reasonably believe deadly force is necessary. Who Voted "Yes" and Who Voted "No"
Received in the Senate on February 24, 2010.
Referred to the Senate Judiciary Committee on February 25, 2010.
Reported in the Senate on March 15, 2010, recommending passage of a substitute bill, to replace the previous version of the bill with one that revises details based on testimony and "fine tuning". The new bill deals with the same topic of self defense, but by deleting the House proposal and inserting the provisions of SB 381 that would declare a person is justified to use the threat of force against another person to defend themselves, prevent bodily harm or to protect a third person. This measure would be applied retroactively and applies a rebuttable presumption that the threat was justified.
Passed 40 to 0 in the Senate on March 17, 2010, to declare a person is justified to use the threat of force against another person to defend themselves, prevent bodily harm or to protect a third person. This measure would be applied retroactively and applies a rebuttable presumption that the threat was justified. Who Voted "Yes" and Who Voted "No"
Received in the House on March 22, 2010.
Motion by Rep. Lance Kinzer (R) on March 22, 2010, to not concur in the Senate-passed version of the bill and to appoint a special conference committee to negotiate House and Senate differences on the bill.
Motion by Sen. Tim Owens (R) on March 22, 2010, to accede to the request of the House and that a conference committee be appointed to resolve differences in the bill. The motion passed by voice vote in the Senate on March 22, 2010.
Motion by Rep. Lance Kinzer (R) on March 30, 2010, to adopt a conference committee report on the bill; to enact the inserted provisions of SB 371 after deleting all other measures from the bill; to award attorney fees in more cases that only involve property damage caused by negligent motor vehicle operation, doubling the dollar threshold for such cases in which attorney fees are mandated from the current cap of $7,500 in claimed property damage up to $15,000 in claimed property damage.
Motion by Sen. Tim Owens (R) on March 30, 2010, to adopt the same conference committee report on the bill approved earlier by the House; to enact the inserted provisions of SB 371 after deleting all other measures from the bill; to award attorney fees in more cases that only involve property damage caused by negligent motor vehicle operation, doubling the dollar threshold for such cases in which attorney fees are mandated from the current cap of $7,500 in claimed property damage up to $15,000 in claimed property damage. Approval of the motion would forward this version of the bill directly to the governor for his consideration. The motion passed 40 to 0 in the Senate on March 30, 2010. Who Voted "Yes" and Who Voted "No"