Mississippi "No Retreat No Surrender Law"
H. B. No. 369 *HR03/R316* G1/2 06/HR03/R316 PAGE 1 (CJR\LH) To: Judiciary A MISSISSIPPI LEGISLATURE REGULAR SESSION 2006 By: Representative Denny HOUSE BILL NO. 369 1 AN ACT TO AMEND SECTION 97-3-15, MISSISSIPPI CODE OF 1972, TO 2 DEFINE "DWELLING," TO CREATE A PRESUMPTION OF THE RIGHT TO USE 3 DEFENSIVE FORCE, TO SPECIFY WHEN NO DUTY TO RETREAT EXISTS, AND TO 4 PROVIDE IMMUNITY FROM CRIMINAL PROSECUTION UNDER CERTAIN 5 CIRCUMSTANCES AS THEY RELATE TO JUSTIFIABLE HOMICIDE; AND FOR 6 RELATED PURPOSES. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8 SECTION 1. Section 97-3-15, Mississippi Code of 1972, is 9 amended as follows: 10 97-3-15. (1) The killing of a human being by the act, 11 procurement, or omission of another shall be justifiable in the 12 following cases: 13 (a) When committed by public officers, or those acting 14 by their command in their aid and assistance, in obedience to any 15 judgment of a competent court; 16 (b) When necessarily committed by public officers, or 17 those acting by their command in their aid and assistance, in 18 overcoming actual resistance to the execution of some legal 19 process, or to the discharge of any other legal duty; 20 (c) When necessarily committed by public officers, or 21 those acting by their command in their aid and assistance, in 22 retaking any felon who has been rescued or has escaped; 23 (d) When necessarily committed by public officers, or 24 those acting by their command in their aid and assistance, in 25 arresting any felon fleeing from justice; 26 (e) When committed by any person in resisting any 27 attempt unlawfully to kill such person or to commit any felony 28 upon him, or upon or in any dwelling or in any occupied vehicle in 29 which such person shall be: H. B. No. 369 *HR03/R316* 06/HR03/R316 PAGE 2 (CJR\LH) 30 (i) For purposes of this paragraph, "dwelling" 31 means a building or conveyance of any kind that has a roof over 32 it, whether the building or conveyance is temporary or permanent, 33 mobile or immobile, including a tent, that is designed to be 34 occupied by people lodging therein at night, including any 35 attached porch; 36 (ii) A person who uses defensive force shall be 37 presumed to have reasonably feared imminent death or great bodily 38 harm, or the commission of a felony upon him or upon his dwelling, 39 or against a vehicle in which he was, if the person against whom 40 the defensive force was used was in the process of unlawfully and 41 forcibly entering, or had unlawfully and forcibly entered, a 42 dwelling or occupied vehicle, or if that person had removed or was 43 attempting to remove another against the other person's will from 44 that dwelling or occupied vehicle, and the person who used 45 defensive force knew or had reason to believe that the forcible 46 entry or unlawful and forcible act was occurring or had occurred. 47 This presumption shall not apply if the person against whom 48 defensive force was used has a right to be in or is a lawful 49 resident or owner of the dwelling or vehicle, or is the lawful 50 resident or owner of the dwelling or vehicle, or if the person who 51 uses defensive force is engaged in unlawful activity; 52 (f) When committed in the lawful defense of one's own 53 person or any other human being, where there shall be reasonable 54 ground to apprehend a design to commit a felony or to do some 55 great personal injury, and there shall be imminent danger of such 56 design being accomplished; 57 (g) When necessarily committed in attempting by lawful 58 ways and means to apprehend any person for any felony committed; 59 (h) When necessarily committed in lawfully suppressing 60 any riot or in lawfully keeping and preserving the peace. 61 (2) As used in paragraphs (1)(c) and (1)(d) of this section, 62 the term "when necessarily committed" means that a public officer H. B. No. 369 *HR03/R316* 06/HR03/R316 PAGE 3 (CJR\LH) 63 or a person acting by or at the officer's command, aid or 64 assistance is authorized to use such force as necessary in 65 securing and detaining the felon offender, overcoming the 66 offender's resistance, preventing the offender's escape, 67 recapturing the offender if the offender escapes or in protecting 68 himself or others from bodily harm; but such officer or person 69 shall not be authorized to resort to deadly or dangerous means 70 when to do so would be unreasonable under the circumstances. The 71 public officer or person acting by or at the officer's command may 72 act upon a reasonable apprehension of the surrounding 73 circumstances; however, such officer or person shall not use 74 excessive force or force that is greater than reasonably necessary 75 in securing and detaining the offender, overcoming the offender's 76 resistance, preventing the offender's escape, recapturing the 77 offender if the offender escapes or in protecting himself or 78 others from bodily harm. 79 (3) As used in paragraphs (1)(c) and (1)(d) of this section, 80 the term "felon" shall include an offender who has been convicted 81 of a felony and shall also include an offender who is in custody, 82 or whose custody is being sought, on a charge or for an offense 83 which is punishable, upon conviction, by death or confinement in 84 the Penitentiary. 85 (4) A person who is not the initial aggressor and is not 86 engaged in unlawful activity shall have no duty to retreat before 87 using deadly force under subsection (1)(e) or (1)(f) of this 88 section if the person is in a place where the person has a right 89 to be, and no finder of fact shall be permitted to consider the 90 person's failure to retreat as evidence that the person's use of 91 force was unnecessary, excessive or unreasonable. 92 (5) A person using deadly force in accordance with the 93 provisions of subsection (1)(e) or (1)(f) shall be immune from 94 criminal prosecution for the use of such force and shall be immune 95 from any civil liability for injuries or death resulting from the H. B. No. 369 *HR03/R316* 06/HR03/R316 PAGE 4 (CJR\LH) ST: Justifiable homicide; clarify the definition of dwelling and when duty to retreat does not exist. 96 use of force. The presumptions contained in subsection (1)(e) and 97 (1)(f) shall apply in civil cases in which self-defense is claimed 98 as a defense. 99 SECTION 2. This act shall take effect and be in force from 100 and after July 1, 2006.:D