Ohio's "Stand your ground" bill... this part is interesting! What's yours like?

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Vex

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Something like 21 states have stand your ground bills in the legislature right now. Correct me if that number is wrong.

I was looking at Ohio's version, and there's one point ther really sticks out to me... Here is a link to the entire bill... http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_541

And here is the REALLY interesting part...

Sec. 2305.65.

(A) A person who uses force, deadly force, or defensive force as permitted in section 2305.62, 2305.63, or 2305.64 of the Revised Code is justified in using the force, deadly force, or defensive force and is immune from criminal prosecution or liability and from liability for injury, death, or loss to person or property in any civil action that is based on or related to the use of the force, deadly force, or defensive force, unless the person against whom the force, deadly force, or defensive force was used is a law enforcement officer who was acting in the performance of the officer's official duties, and the officer identified self in accordance with any applicable law, or the person using the force, deadly force, or defensive force knew or reasonably should have known that the person was a law enforcement officer. As used in this division, "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(B) A law enforcement agency may use standard procedures for investigating a person for the use of force, deadly force, or defensive force as described in division (A) of this section, but the agency may not arrest the person for using the force, deadly force, or defensive force unless the agency determines that there is probable cause to believe that the force, deadly force, or defensive force that was used was unlawful.

(C) If a person is sued in a civil action that is based on or related to the use of force, deadly force, or defensive force described in division (A) of this section and the court finds that the immunity provided in division (A) of this section applies to the person, the court shall award to the person reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the person in defense of the civil action.

Neat, eh? It's not just a "Stand your ground" bill... it's a civil immunity bill!

And what's more, if you defend yourself in a justified shooting and the civil suit is filed anyway, the filer of the suit will end up paying YOU money for wasting your time! :neener:
 
It's not just a "Stand your ground" bill... it's a civil immunity bill!
I believe all the current bills have similar provisions. That's what makes the legislation important.

I think the wording needs to be fixed, though. What they all really should say is:

"All liability relating to a criminal act, including court costs, falls upon the perpetrator of said act."

That covers all issues regarding cost, innocent bystanders, and just about anything else one can think of.
 
Excellent. Did OH ever get rid of the plain sight car provision?
 
No, that's still in the legislature under HB 347 and SB 252, the Concealed Carry Reform Bill. It was introduce to both sides of the legislature to get it moving faster.

Important thing to note, it also removs journalist access to the CCW list and removed prohibited sites such as daycares and universities, and specifies that the state law preempts local laws that have been enacted to counter the CCW law.

Bill ananlysis of the CCW reform here: http://www.legislature.state.oh.us/...assed by House&hf=analyses126/h0347-i-126.htm
 
Here's to hoping the plain site provision is gone before June when I turn 21. Being a professional driver makes the current law pretty useless.
 
I can defend persons, and property by employment of lethal force if nessecary. There is no duty to retreat, and there is also civil immunity. Also, defense cases are completly paid for by the court.

RCW 9A.16.020
Use of force — When lawful.
(1986)


The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:

(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;

(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;

(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;

(4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;

(5) Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety;

(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.

RCW 9A.16.050
Homicide — By other person — When justifiable.
(1975)

Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.

RCW 9A.16.110
Defending against violent crime — Reimbursement.
(1995)

(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.

(2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award.

(3) Notwithstanding a finding that a defendant's actions were justified by self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct substantially related to the events giving rise to the charges filed against the defendant the judge may deny or reduce the amount of the award. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct.

Nothing in this section precludes the legislature from using the sundry claims process to grant an award where none was granted under this section or to grant a higher award than one granted under this section.

(4) Whenever the issue of self-defense under this section is decided by a judge, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) [(5)] of this section.

(5) Whenever the issue of self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form:

answer yes or no
1. Was the finding of not guilty based upon self-defense? . . . . .
2. If your answer to question 1 is no, do not answer the remaining question.
3. If your answer to question 1 is yes, was the defendant:
a. Protecting himself or herself? . . . . .
b. Protecting his or her family? . . . . .
c. Protecting his or her property? . . . . .
d. Coming to the aid of another who was in imminent danger of a heinous crime? . . . . .
e. Coming to the aid of another who was the victim of a heinous crime? . . . . .
f. Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged? . . . . .
 
Does anyone know if Texas has anything like this? I don't think so, but thought I'd ask. If not, I'm going to be writing some letters to Legislators.
 
Does anyone know if Texas has anything like this? I don't think so, but thought I'd ask. If not, I'm going to be writing some letters to Legislators.

I always thought that in Texas you were given a pacifier and an M60 upon your birth and were expected to be fully proficient in it's use by the age of 26 months!

I also thought that if someone approached you with any kind of remotely threatening behaviour you were expected to use lethal force once they approached within 25 feet of your person (door to door religious zealots with pamphlets are allowed by law to be shot within 50 feet of person?)

Sorry, I live in the PRK where if you even look at someone wrong you can be sued. Pardon my jealousy.
 
Much of the relevant laws in TX throw in "at night" so there is a bit of a caveat. Now, I believe that the interpretation of that law is a little relaxed. Spirit vs letter... Funny, thing though. In TX we have are allowed to open rifle carry but not for pistols - opposite of Wyoming. I think rifles are not mentioned in the penal code with regard to open carry, and only handguns, knives, and a couple other items.

Randall
 
Idaho has the following going through the process. Looks to be a shew-in.
SENATE BILL NO. 1441, As Amended

SECTION 1. That Chapter 8, Title 6, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 6-808, Idaho Code, and to read as follows:

6-808. CIVIL IMMUNITY FOR SELF-DEFENSE. (1) A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is immune from any civil liability for the use of such force except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties.
(2) The court shall award reasonable attorney's fees and costs incurred by the defendant in any civil action raising any of the affirmative defenses specified in subsection (1) of this section.
(3) As used in this section, "law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.
 
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