| 1 | 1 | | |
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| 2 | 2 | | HOUSE BILL 856 |
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| 3 | 3 | | By Capley |
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| 4 | 4 | | |
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| 5 | 5 | | SENATE BILL 1407 |
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| 6 | 6 | | By Hensley |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | SB1407 |
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| 10 | 10 | | 001706 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 39, |
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| 14 | 14 | | relative to the use of force. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 39-11-614, is amended by deleting |
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| 18 | 18 | | subsection (c) and substituting instead the following: |
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| 19 | 19 | | (c) A person is justified in using deadly force against another: |
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| 20 | 20 | | (1) If the person would be justified in using force against another under |
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| 21 | 21 | | subsection (a) or (b); |
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| 22 | 22 | | (2) When and to the degree the person reasonably believes deadly force |
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| 23 | 23 | | is immediately necessary to prevent or terminate the other's actual or attempted |
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| 24 | 24 | | trespass; arson; damage to property; burglary; theft; robbery; or aggravated |
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| 25 | 25 | | cruelty to animals, serious bodily injury, or death to animals or livestock; and |
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| 26 | 26 | | (3) The person reasonably believes: |
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| 27 | 27 | | (A) The property cannot be protected or the other's actions |
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| 28 | 28 | | terminated by any other means; or |
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| 29 | 29 | | (B) The use of force other than deadly force to protect or |
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| 30 | 30 | | terminate the other's actions would expose the person or a third person to |
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| 31 | 31 | | a risk of death or serious bodily injury. |
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| 32 | 32 | | SECTION 2. Tennessee Code Annotated, Section 39-11-621, is amended by deleting |
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| 33 | 33 | | "self-defense or defense of third person statutes, §§ 39-11-611 and 39-11-612" and substituting |
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| 34 | 34 | | "self-defense, defense of third person, or protection of property statutes, §§ 39-11-611, 39-11- |
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| 35 | 35 | | 612, and 39-11-614". |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | - 2 - 001706 |
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| 39 | 39 | | |
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| 40 | 40 | | SECTION 3. Tennessee Code Annotated, Section 39-11-602, is amended by deleting |
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| 41 | 41 | | subdivision (2). |
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| 42 | 42 | | SECTION 4. Tennessee Code Annotated, Section 39-11-106(a), is amended by adding |
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| 43 | 43 | | the following as a new subdivision: |
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| 44 | 44 | | ( ) "Deadly force" means force that is intended or known by the defendant to |
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| 45 | 45 | | cause or, in the manner of its use or intended use, is capable of causing death or a |
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| 46 | 46 | | substantial risk of death and does not include the display of a weapon, the brandishing |
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| 47 | 47 | | of a weapon, or the use of force in circumstances that do not result in death or serious |
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| 48 | 48 | | bodily injury; |
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| 49 | 49 | | SECTION 5 Tennessee Code Annotated, Section 39-11-616(a)(1), is amended by |
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| 50 | 50 | | deleting "substantial risk of causing death or serious bodily harm" and substituting "substantial |
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| 51 | 51 | | probability of causing a substantial risk of death, protracted unconsciousness, or extreme |
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| 52 | 52 | | physical pain". |
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| 53 | 53 | | SECTION 6. If any provision of this act or its application to any person or circumstance |
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| 54 | 54 | | is held invalid, then the invalidity does not affect other provisions or applications of the act that |
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| 55 | 55 | | can be given effect without the invalid provision or application, and to that end, the provisions of |
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| 56 | 56 | | this act are severable. |
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| 57 | 57 | | SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it. |
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