Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 129 (2018GS)

Sponsor

Rep. Maloy, A.C.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that an individual is not required to retreat from an aggressor Ĥ→ [ even if there is a safe place to which the individual can retreat ] ←Ĥ ;
• provides that an individual's failure to retreat is not relevant when determining whether the individual acted reasonably; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 1, 2018 at 11:24 AM by lerror.
SELF-DEFENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
General Description:
This bill clarifies that an individual is not required to retreat from an aggressor.
Highlighted Provisions:
This bill:
▸ provides that an individual is not required to retreat from an aggressor 
Ĥ→ [
even if there
is a safe place to which the individual can retreat
] ←Ĥ
 ;
▸ provides that an individual's failure to retreat is not relevant when determining
whether the individual acted reasonably; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-2-402
, as last amended by Laws of Utah 2010, Chapters 324 and 361
76-10-506
, as last amended by Laws of Utah 2014, Chapter 248
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-2-402
 is amended to read:
76-2-402.
Force in defense of person -- Forcible felony defined.
(1) As used in this section:
(a) "Forcible felony" means aggravated assault, mayhem, aggravated murder, murder,
manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child,
object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child,
and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person,
and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property.
(b) "Forcible felony" includes any other felony offense that involves the use of force or
violence against an individual that poses a substantial danger of death or serious bodily injury.
(c) "Forcible felony" does not include burglary of a vehicle, defined in Section
76-6-204
, except when the vehicle is occupied at the time unlawful entry is made or attempted.
[
(1)
] 
(2)
 (a) [
A person
] 
An individual
 is justified in threatening or using force against
another 
individual
 when and to the extent that the [
person
] 
individual
 reasonably believes that
force or a threat of force is necessary to defend the [
person or a third person against another
person's
] 
individual or another individual against the
 imminent use of unlawful force.
(b) [
A person
] 
An individual
 is justified in using force intended or likely to cause death
or serious bodily injury only if the [
person
] 
individual
 reasonably believes that force is
necessary to prevent death or serious bodily injury to the [
person or a third person as a result of
another person's
] 
individual or another individual as a result of
 imminent use of unlawful force,
or to prevent the commission of a forcible felony.
[
(2)
] 
(3)
 (a) [
A person
] 
An individual
 is not justified in using force under the
circumstances specified in Subsection [
(1)
] 
(2)
 if the [
person
] 
individual
:
(i) initially provokes the use of force against [
the person
] 
another individual
 with the
intent to use force as an excuse to inflict bodily harm upon the [
assailant
] 
other individual
;
(ii) is attempting to commit, committing, or fleeing after the commission or attempted
commission of a felony; or
(iii) was the aggressor or was engaged in a combat by agreement, unless the [
person
]
individual
 withdraws from the encounter and effectively communicates to the other [
person
his
] 
individual the
 intent to [
do so
] 
withdraw from the encounter
 and, notwithstanding, the
other [
person
] 
individual
 continues or threatens to continue the use of unlawful force.
(b) For purposes of Subsection [
(2)
] 
(3)
(a)(iii) the following do not, [
by themselves
]
alone
, constitute "combat by agreement":
(i) voluntarily entering into or remaining in an ongoing relationship; or
(ii) entering or remaining in a place where one has a legal right to be.
[
(3) A person does not have a duty to retreat from the force or threatened force
described in Subsection (1) in a place where that person has lawfully entered or remained,
except as provided in Subsection (2)(a)(iii).
]
(4) Except as provided in Subsection (3)(a)(iii):
(a) an individual does not have a duty to retreat from the force or threatened force
described in Subsection (2) in a place where that individual has lawfully entered or remained
Ĥ→ [
,
even if safety could be achieved by retreating
] ←Ĥ
; and
(b) the failure of an individual to retreat under the provisions of Subsection (4)(a) is not
a relevant factor in determining whether the individual who used or threatened force acted
reasonably.
[
(4) (a) For purposes of this section, a forcible felony includes aggravated assault,
mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping,
rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a
child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76,
Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76,
Chapter 6, Offenses Against Property.
]
[
(b) Any other felony offense which involves the use of force or violence against a
person so as to create a substantial danger of death or serious bodily injury also constitutes a
forcible felony.
]
[
(c) Burglary of a vehicle, defined in Section 
76-6-204
, does not constitute a forcible
felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
]
(5) In determining imminence or reasonableness under Subsection [
(1)
] 
(2)
, the trier of
fact may consider[
, but is not limited to, any of the following factors
]:
(a) the nature of the danger;
(b) the immediacy of the danger;
(c) the probability that the unlawful force would result in death or serious bodily
injury;
(d) the [
other's
] 
other individual's
 prior violent acts or violent propensities; [
and
]
(e) any patterns of abuse or violence in the parties' relationship[
.
]
; and
(f) any other relevant factors.
Section 2. Section 
76-10-506
 is amended to read:
76-10-506.
Threatening with or using dangerous weapon in fight or quarrel.
(1) As used in this section:
(a) "Dangerous weapon" means an item that in the manner of its use or intended use is
capable of causing death or serious bodily injury. The following factors shall be used in
determining whether an item, object, or thing is a dangerous weapon:
(i) the character of the instrument, object, or thing;
(ii) the character of the wound produced, if any; and
(iii) the manner in which the instrument, object, or thing was exhibited or used.
(b) "Threatening manner" does not include:
(i) the possession of a dangerous weapon, whether visible or concealed, without
additional behavior which is threatening; or
(ii) informing another of the actor's possession of a deadly weapon in order to prevent
what the actor reasonably perceives as a possible use of unlawful force by the other and the
actor is not engaged in any activity described in Subsection 
76-2-402
[
(2)
]
(3)
(a).
(2) Except as otherwise provided in Section 
76-2-402
 and for those [
persons
]
individuals
 described in Section 
76-10-503
, [
a person
] 
an individual
 who, in the presence of
two or more [
persons
] 
individuals
, and not amounting to a violation of Section 
76-5-103
, draws
or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a
dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.
(3) This section does not apply to [
a person
] 
an individual
 who, reasonably believing
the action to be necessary in compliance with Section 
76-2-402
, with purpose to prevent
another's use of unlawful force:
(a) threatens the use of a dangerous weapon; or
(b) draws or exhibits a dangerous weapon.
(4) This section does not apply to [
a person
] 
an individual
 listed in Subsections
76-10-523
(1)(a) through (e) in performance of the [
person's
] 
individual's
 duties.
Legislative Review Note
Office of Legislative Research and General Counsel