Bill Text: MI HB5559 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Criminal procedure; defenses; self-defense in criminal prosecution; provide for burden of proof. Amends sec. 21c, ch. VIII of 1927 PA 175 (MCL 768.21c). TIE BAR WITH: HB 5558'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-15 - Bill Electronically Reproduced 02/14/2018 [HB5559 Detail]
Download: Michigan-2017-HB5559-Introduced.html
HOUSE BILL No. 5559
February 14, 2018, Introduced by Reps. Theis, Barrett, Marino, Johnson, Reilly, Glenn and Bizon and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 21c of chapter VIII (MCL 768.21c), as added by
2006 PA 313.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VIII
Sec.
21c. (1) In Subject to
subsection (2), in cases in which
section 2 of the self-defense act, 2006 PA 309, MCL 780.972, does
not apply, the common law of this state applies except that the
duty to retreat before using deadly force is not required if an
individual is in his or her own dwelling or within the curtilage of
that dwelling.
(2) If a defendant makes a prima facie claim of self-defense
immunity from criminal prosecution, the burden of proof by clear
and convincing evidence is on the party seeking to overcome the
immunity from criminal prosecution.
(3) (2)
As used in this section,
"dwelling" means a structure
or shelter that is used permanently or temporarily as a place of
abode, including an appurtenant structure attached to that
structure or shelter.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5558 (request no.
04312'17) of the 99th Legislature is enacted into law.
