3.0.0 7716 2023-01-11T13:45:52Z 2023-01-11T13:45:52Z House HR 2020-07-21 116 [Congressional Record Volume 166, Number 128 (Tuesday, July 21, 2020)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. SMITH of Missouri:H.R. 7716.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, clause 18[Page H3612]]]> hsju00 Judiciary Committee House Standing Referred to 2020-07-21T13:01:30Z 2020-07-21 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2020-07-21 Introduced in House IntroReferral Intro-H 9 Library of Congress 2020-07-21 Introduced in House IntroReferral 1000 9 Library of Congress S001195 Rep. Smith, Jason [R-MO-8] Jason Smith R MO 8 N G000546 Rep. Graves, Sam [R-MO-6] SAM GRAVES R MO 6 2020-07-21 True L000576 Rep. Long, Billy [R-MO-7] Billy Long R MO 7 2020-07-21 True L000569 Rep. Luetkemeyer, Blaine [R-MO-3] Blaine Luetkemeyer R MO 3 2020-07-21 True H001053 Rep. Hartzler, Vicky [R-MO-4] Vicky Hartzler R MO 4 2020-11-20 False Crime and Law Enforcement Crime prevention Crimes against property Domestic violence and child abuse Evidence and witnesses Judicial procedure and administration Law enforcement officers Mental health Violent crime Crime and Law Enforcement 00 2020-07-21 Introduced in House 2022-06-07T12:41:02Z American Family and Private Property Defense Act

This bill establishes various defenses a defendant charged with a crime of violence may assert and contains other related provisions.

It shall be an affirmative defense if the defendant used force, including deadly force, against another person if the defendant reasonably believed such force was necessary to defend the defendant or a third party from what the defendant reasonably believed was the person's use (or imminent use) of unlawful force. (An affirmative defense allows a defendant to escape criminal liability, but the defendant has the burden to prove that the defendant is entitled to the defense.)

A defendant who used deadly force may also assert this defense if the force was used against a person who unlawfully enters, attempts to unlawfully enter, or remains after unlawfully entering the private property lawfully occupied by a third party.

If such a defendant was the initial aggressor, the defendant may still assert this affirmative defense in certain instances. A defendant has no duty to retreat from any location where the defendant has a right to be.

The bill also establishes an affirmative defense for a defendant who used physical force on another to the extent the defendant reasonably believed such force was necessary to prevent what the defendant reasonably believed to be the commission or attempted commission of theft or damage of property.

Evidence of a defendant suffering from battered spouse syndrome shall be admissible as to the issue of whether the defendant lawfully acted in self-defense or defense of another.

]]> American Family and Private Property Defense Act Display Title American Family and Private Property Defense Act Short Title(s) as Introduced American Family and Private Property Defense Act Introduced in House IH Official Title as Introduced To establish defenses against crimes of violence, and for other purposes. Introduced in House IH Introduced in House 2020-07-21T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-116hr7716ih/xml/BILLS-116hr7716ih.xml 2020-07-21 Referred to the House Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.