1. This act shall be known and may be cited as the "New Jersey8 Self-Defense Law."9 10 2. The Legislature finds and declares that:11 a. It is proper for law-abiding people to protect themselves, their12 families and others from intruders and attackers without fear of13 prosecution or civil action for acting in defense of their own well14 being and the well being of others.15 b. The "Castle Doctrine" is a long-standing American legal16 concept arising from English Common Law that provides that one's17 abode is a special area in which one enjoys certain protections and18 immunities, that one is not obligated to retreat before defending19 oneself against attack, and that one may do so without fear of20 prosecution.21 c. Article I of the New Jersey Constitution guarantees the 22 citizens of this State the rights "of enjoying and defending life and 23 liberty, of acquiring, possessing, and protecting property, and of24 pursuing and obtaining safety and happiness."25 d. The Second Amendment to the United States Constitution26 affords the people of this nation the right to keep and bear arms.27 e. All who reside in and all who visit this State have a right to28 expect to be unmolested and safe within their homes, residences and29 vehicles.30 f. No person should be required, as a point of law, to surrender31 their personal safety or well being to the unlawful actions of a32 criminal, nor to needlessly retreat in the face of intrusion or attack.33 g. It is, therefore, altogether fitting and proper, and within the34 public interest, to ensure that law-abiding people are justified in35 protecting themselves, their families and others from intruders and36 attackers, and that they may do so without fear of prosecution or37 civil action.38 39 3. N.J.S.2C:3-4 is amended to read as follows:40 2C:3-4. Use of Force in Self-Protection. a. Use of force41 justifiable for protection of the person. Subject to the provisions of42 this section and of section 2C:3-9, the use of force upon or toward43 another person is justifiable when the actor reasonably believes that44 such force is immediately necessary for the purpose of protecting45
--------------------------------------------------------------------------------
Page 3
A159 MERKT, MCHOSE3 himself against the use of unlawful force by such other person on1 the present occasion.2 b. Limitations on justifying necessity for use of force.3 (1) The use of force is not justifiable under this section:4 (a) To resist an arrest which the actor knows is being made by a5 peace officer in the performance of his duties, although the arrest is6 unlawful, unless the peace officer employs unlawful force to effect7 such arrest; or8 (b) To resist force used by the occupier or possessor of property9 or by another person on his behalf, where the actor knows that the 10 person using the force is doing so under a claim of right to protect 11 the property, except that this limitation shall not apply if:12 (i) The actor is a public officer acting in the performance of his13 duties or a person lawfully assisting him therein or a person making14 or assisting in a lawful arrest;15 (ii) The actor has been unlawfully dispossessed of the property16 and is making a reentry or recaption justified by section 2C:3-6; or17 (iii) The actor reasonably believes that such force is necessary to18 protect himself against death or serious bodily harm.19 (2) The use of deadly force is not justifiable under this section 20 unless the actor reasonably believes that such force is necessary to21 protect himself against death or serious bodily harm; nor is it22 justifiable if:23 (a) The actor, with the purpose of causing death or serious 24 bodily harm, provoked the use of force against himself in the same25 encounter; or26 (b) The actor knows that he can avoid the necessity of using27 such force with complete safety by retreating or by surrendering28 possession of a thing to a person asserting a claim of right thereto or29 by complying with a demand that he abstain from any action which 30 he has no duty to take, except that:31 (i) The actor is not obliged to retreat from his dwelling, unless32 he was the initial aggressor; and33 (ii) A public officer justified in using force in the performance34 of his duties or a person justified in using force in his assistance or35 a person justified in using force in making an arrest or preventing36 an escape is not obliged to desist from efforts to perform such duty,37 effect such arrest or prevent such escape because of resistance or38 threatened resistance by or on behalf of the person against whom39 such action is directed.40 (3) Except as required by paragraphs (1) and (2) of this41 subsection, a person employing protective force may estimate the 42 necessity of using force when the force is used, without retreating,43 surrendering possession, doing any other act which he has no legal 44 duty to do or abstaining from any lawful action.45 c.[(1) Notwithstanding the provisions of N.J.S.2C:3-5,46 N.J.S.2C:3-9, or this section, the use of force or deadly force upon47 or toward an intruder who is unlawfully in a dwelling is justifiable48
--------------------------------------------------------------------------------
Page 4
A159 MERKT, MCHOSE4 when the actor reasonably believes that the force is immediately1 necessary for the purpose of protecting himself or other persons in2 the dwelling against the use of unlawful force by the intruder on the 3 present occasion.4 (2) A reasonable belief exists when the actor, to protect himself5 or a third person, was in his own dwelling at the time of the offense6 or was privileged to be thereon and the encounter between the actor7 and intruder was sudden and unexpected, compelling the actor to8 act instantly and:9 (a) The actor reasonably believed that the intruder would inflict10 personal injury upon the actor or others in the dwelling; or11 (b) The actor demanded that the intruder disarm, surrender or12 withdraw, and the intruder refused to do so.13 (3) An actor employing protective force may estimate the 14 necessity of using force when the force is used, without retreating,15 surrendering possession, withdrawing or doing any other act which 16 he has no legal duty to do or abstaining from any lawful action.]17 (Deleted by amendment, P.L., c.)(now pending before the18 Legislature as this bill).19 d. Notwithstanding the provisions of N.J.S.2C:3-5, N.J.S.2C:3-20 9, or this section, the use of force or deadly force upon or toward an21 intruder is justified when the actor reasonably fears imminent peril22 of death or serious bodily harm to himself or another.23 For the purposes of this subsection, a person is presumed to have24 a reasonable fear of imminent peril of death or serious bodily harm25 to himself or another and, therefore, is justified in using force when 26 the person against whom that force is used (1) is in the process of27 unlawfully and forcefully entering a dwelling, residence or28 occupied vehicle; (2) has unlawfully and forcibly entered at29 dwelling, residence or occupied vehicle; or (3) has removed, or is30 attempting to remove, another against that person's will from a31 dwelling, residence or occupied vehicle. A person also shall be32 presumed to have a reasonable fear of imminent peril of death or33 serious bodily harm to himself or another and, therefore, be justified34 in using force when the actor knows or reasonably believes that an35 unlawful and forcible entry is occurring or has occurred, or when 36 the actor knows or reasonably believes that an unlawful and forcible37 act is occurring or has occurred.38 A person presumed to have a reasonable fear of imminent peril39 of death or serious bodily harm to himself in a dwelling, residence40 or occupied vehicle has no duty to retreat and is justified in using41 force, including deadly force, if he reasonably believes it is42 necessary to do so to prevent death or serious bodily harm to43 himself or another.44 As used in this subsection:45 "Dwelling" means a building or conveyance of any kind,46 including any attached porch, whether the building or conveyance is47 temporary or permanent, mobile or immobile, that has a roof over48
--------------------------------------------------------------------------------
Page 5
A159 MERKT, MCHOSE5 it, including a tent, and is designed to be occupied by people1 lodging therein at night.2 (cf: P.L.1999, c.73, s.1)3 4 4. N.J.S.2C:3-6 is amended to read as follows:5 2C:3-6. Use of force in defense of premises or personal property6 Use of Force in Defense of Premises or Personal Property.7 a. Use of force in defense of premises. Subject to the provisions8 of this section and of section 2C:3-9, the use of force upon or9 toward the person of another is justifiable when the actor is in10 possession or control of premises or is licensed or privileged to be11 thereon and he reasonably believes such force necessary to prevent12 or terminate what he reasonably believes to be the commission or13 attempted commission of a criminal trespass by such other person in14 or upon such premises: provided, however, a person who unlawfully 15 and by force enters or attempts to enter a person's dwelling,16 residence or occupied vehicle is presumed to do so with the intent17 to commit an unlawful act involving force or violence and the use18 of force upon or toward that person is justifiable. 19 b. Limitations on justifiable use of force in defense of premises.20 (1) Request to desist.[The]Except in those instances where,21 pursuant to subsection a. of this section, the use of force is22 justifiable upon or toward a person who unlawfully and by force 23 enters or attempts to enter a person's dwelling, residence or24 occupied vehicle and is presumed to do so with the intent to commit25 an unlawful act involving force or violence, the use of force is26 justifiable under this section only if the actor first requests the27 person against whom such force is used to desist from his28 interference with the property, unless the actor reasonably believes29 that:30 (a) Such request would be useless;31 (b) It would be dangerous to himself or another person to make32 the request; or33 (c) Substantial harm will be done to the physical condition of34 the property which is sought to be protected before the request can35 effectively be made.36 (2) Exclusion of trespasser. The use of force is not justifiable37 under this section if the actor knows that the exclusion of the 38 trespasser will expose him to substantial danger of serious bodily39 harm.40 (3) Use of deadly force. The use of deadly force is not41 justifiable under subsection a. of this section unless the actor42 reasonably believes that:43 (a) The person against whom the force is used is attempting to44 dispossess him of his dwelling otherwise than under a claim of right45 to its possession; or46 (b) The person against whom the force is used is attempting to47 commit or consummate arson, burglary, robbery or other criminal48
--------------------------------------------------------------------------------
Page 6
A159 MERKT, MCHOSE6 theft or property destruction; except that1 (c) Deadly force does not become justifiable under2 subparagraphs (a) and (b) of this subsection unless the actor3 reasonably believes that:4 (i) The person against whom it is employed has employed or5 threatened deadly force against or in the presence of the actor; or6 (ii) The use of force other than deadly force to terminate or7 prevent the commission or the consummation of the crime would8 expose the actor or another in his presence to substantial danger of9 bodily harm. An actor within a dwelling shall be presumed to have10 a reasonable belief in the existence of the danger. The State must11 rebut this presumption by proof beyond a reasonable doubt; or12 (iii) The actor is in imminent peril of death or serious bodily13 harm to himself and, pursuant to N.J.S.2C:3-4, is justified in using14 force, including deadly force.The State must rebut this15 presumption by proof beyond a reasonable doubt. 16 c. Use of force in defense of personal property. Subject to the17 provisions of subsection d. of this section and of section 2C:3-9, the18 use of force upon or toward the person of another is justifiable19 when the actor reasonably believes it necessary to prevent what he20 reasonably believes to be an attempt by such other person to21 commit theft, criminal mischief or other criminal interference with22 personal property in his possession or in the possession of another23 for whose protection he acts.24 d. Limitations on justifiable use of force in defense of personal25 property.26 (1) Request to desist and exclusion of trespasser. The limitations27 of subsection b. (1) and (2) of this section apply to subsection c. of28 this section.29 (2) Use of deadly force. The use of deadly force in defense of30 personal property is not justified unless justified under another 31 provision of this chapter.32 (cf: P.L.1987, c.120, s.2)33 34 5. (New section) In addition to the justifications for the use of35 force otherwise authorized under this chapter, a person, not engaged 36 in an unlawful activity, who is attacked in any place where he has a37 right to be has no duty to retreat and has the right to stand his38 ground and meet force with force, including deadly force, if he39 reasonably believes it is necessary to do so to prevent death or40 serious bodily harm to himself or another or to prevent a crime of41 violence.42 43 6. (New section) a. A person who is justified in using force 44 under this chapter is immune from criminal prosecution and civil 45 action for the use of that force.46 As used in this subsection, "criminal prosecution" means47 arresting, detaining in custody, and charging or prosecuting the 48
--------------------------------------------------------------------------------
Page 7
A159 MERKT, MCHOSE7 actor; provided, however, a law enforcement agency may use1 standard procedures for investigating the use of that force and, if it2 determines that there is probable cause that the force so used was 3 unlawful, arrest, detain, and charge or prosecute, as appropriate.4 b. A court of competent jurisdiction shall award reasonable5 attorney's fees, court costs, compensation for loss of income and all6 expenses incurred by the defendant in defense of any civil action 7 brought by a plaintiff if the court finds that the defendant is immune8 from prosecution pursuant to subsection a. of this section.9 10 7. This act shall take effect immediately.11 12 13 STATEMENT 14 15 This bill, the "New Jersey Self-Defense Law," authorizes a16 person to use force, including deadly force, against an intruder or17 attacker in a dwelling, residence or occupied vehicle in those 18 instances where the actor reasonably fears imminent peril of death 19 or serious bodily harm.20 The bill sets forth the circumstances under which a person is21 presumed to have a reasonable fear of imminent period of death or22 serious bodily harm. Those circumstance include instances where a 23 person: (1) is in the process of unlawfully and forcefully entering a24 dwelling, residence or occupied vehicle; (2) has unlawfully and25 forcibly entered a dwelling, residence or occupied vehicle; or (3)26 has removed, or is attempting to remove, another against that27 person's will from a dwelling, residence or occupied vehicle; or (4)28 when the actor knows or reasonably believes that an unlawful and29 forcible entry is occurring or has occurred; or (5) when the actor30 knows or reasonably believes that an unlawful and forcible act is31 occurring or has occurred.32 The bill clarifies that a person has no duty to retreat before33 justifiably using force in instances where that person is attacked,34 reasonably fears imminent peril of death or serious bodily harm to35 himself or to prevent death or serious bodily harm to another.36 Finally, the bill provides immunity, both criminal and civil, for37 any person who is justified in using force. Under the bill, the court38 is authorized to award reasonable attorney's fees, court costs,39 compensation for loss of income and all expenses incurred by a40 defendant who is wrongly subject to a civil action.41
|
