General Assembly Raised Bill No. 1210
January Session, 2011 LCO No. 4801
*04801_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1210
January Session, 2011
LCO No. 4801
*04801_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING THE USE OF DEADLY PHYSICAL FORCE TO DEFEND THE RESIDENTS OF A HOME.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53a-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
A person in possession or control of premises, or a person who is licensed or privileged to be in or upon such premises, is justified in using reasonable physical force upon another person when and to the extent that [he] such person reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of a criminal trespass by such other person in or upon such premises; but [he] such person may use deadly physical force under such circumstances only (1) in defense of a person as prescribed in section 53a-19, or (2) when [he] such person reasonably believes such to be necessary to prevent an attempt by the trespasser to commit arson or any crime of violence, or (3) to the extent that [he] such person reasonably believes such to be necessary to prevent or terminate an unlawful entry [by force] into [his] such person's dwelling, as defined in section 53a-100, or place of work, and for the sole purpose of such prevention or termination. There shall be a presumption that the belief of a person under this section that the use of deadly physical force is necessary to defend himself or herself or another person, or to prevent a trespasser from committing arson or a crime of violence, or to prevent or terminate an unlawful entry by force into such person's dwelling, is a reasonable belief.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 53a-20
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
53a-20
Statement of Purpose:
To create a presumption that it is reasonable to believe deadly physical force is necessary to defend oneself from a person who has unlawfully entered a dwelling.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]