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SENATE BILL NO. 92
INTRODUCED BY L. JENT
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT IN THE JUSTIFIABLE USE OF FORCE OR THREAT OF FORCE IN DEFENSE OF AN OCCUPIED STRUCTURE, A PERSON HAS NO DUTY TO RETREAT TO A PLACE OF SAFETY BEFORE USING THAT FORCE OR THREAT OF FORCE; AMENDING SECTION 45-3-103, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-3-103, MCA, is amended to read:
"45-3-103. Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that he the person reasonably believes that such conduct the use of force is necessary to prevent or terminate such the other's unlawful entry into or attack upon an occupied structure. However, he
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
(1)(a) the entry is made or attempted in a violent, riotous, or tumultuous manner and he the person reasonably believes that such the force is necessary to prevent an assault upon or offer of personal violence to him the person or another then in the occupied structure; or
(2)(b) he the person reasonably believes that such the force is necessary to prevent the commission of a forcible felony in the occupied structure.
(3) A person justified in the use of force or threat of force pursuant to this section has no duty to retreat to a place of safety before using that force or threat of force."
NEW SECTION. Section 2. Applicability. [This act] applies to the use of force or threat of force in the circumstances provided in [section 1] occurring after October 1, 2009.
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Latest Version of SB 92 (SB0092.01)
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