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.

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