SB 38/CI (BR 231) - R. Roeding, D. Thayer
AN ACT relating to general principles of justification.
Create a new section of KRS Chapter 503 relating to justification for use of force, to provide presumptions and principles relating to the use of force; amend KRS 503.010 relating to definitions to redefine dwelling, and to add definitions of residence and vehicle; amend KRS 503.050 relating to use of force for self protection to extend protection for any felony offense involving the use of force and add provision specifying that a person does not have a duty to retreat; amend KRS 503.070 relating to protection of another to extend protection for any felony offense involving the use of force and add provision specifying that a person does not have a duty to retreat; amend KRS 503.080 relating to protection of property to include robbery and any felony offense involving the use of force and add provision specifying that a person does not have a duty to retreat; create a new section of KRS Chapter 503 to provide immunity from prosecution in certain use of force cases and provide that law enforcement can investigate claims of lawful use of force but cannot make an arrest unless there is probable cause to believe that the use of force was unlawful.
SB 38 - AMENDMENTS
SCS/CI - Retain original provisions with addition of reference to Section 2 in sections 4 and 5 to provide reference to presumption of fear; add amendment of KRS 503.090 relating to use of force to prevent escape to broaden the conditions under which force may be used to include transportation and escape from other than correctional facility.
SFA (1, R. Jones II) - Amend to establish that a peace officer is justified in using any force he believes is necessary to prevent the escape of a prisoner when that prisoner's crime would qualify him as a violent offender.
HCS/CI - Make technical corrections.
(Prefiled by the sponsor(s).)
Jan 3-introduced in Senate
Jan 4-to Judiciary (S)
Mar 2-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
Mar 3-2nd reading, to Rules
Mar 7-posted for passage in the Regular Orders of the Day for Wednesday, March 8, 2006
Mar 8-3rd reading; Committee Substitute defeated; floor amendment (1) ruled out of order ; passed 36-2
Mar 9-received in House
Mar 13-to Judiciary (H)
Mar 15-posted in committee
Mar 22-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 23-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 24, 2006
Mar 24-3rd reading, passed 88-8 with Committee Substitute ; received in Senate
Apr 10-posted for passage for concurrence in House Committee Substitute as a Consent Bill; Senate concurred in House Committee Substitute ; passed 36-1; enrolled, signed by President of the Senate
Apr 11-enrolled, signed by Speaker of the House; delivered to Governor
Apr 21-signed by Governor (Acts ch. 192)