118 S1445 IS: Stand Your Ground Act of 2023 U.S. Senate 2023-05-04 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.

II118th CONGRESS1st SessionS. 1445IN THE SENATE OF THE UNITED STATESMay 4, 2023Mr. Mullin introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to provide an affirmative defense for certain criminal violations, and for other purposes.

1.

Short title

This Act may be cited as the Stand Your Ground Act of 2023.

2.

Certain affirmative defenses

(a)

Affirmative defense

(1)

In general

Chapter 1 of title 18, United States Code, is amended by adding at the end the following:

28.

Affirmative defense for certain criminal violations

(a)

Definition

In this section, the term forcible felony includes treason, murder, manslaughter, sexual battery, carjacking, home-invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bomb, and any other felony which involves the use or threat of physical force or violence against any individual.(b)

Use or threatened use of non-Deadly force in defense of person

(1)

In general

It shall be an affirmative defense to a prosecution under this title that the defendant used, threatened to use, or attempted to use force, except deadly force, against an aggressor if, and to the extent that, the defendant reasonably believed that the use, threat to use, or attempt to use such force was necessary to defend the defendant or another individual against the imminent use of unlawful force by the aggressor. (2)

No duty to retreat

For purposes of paragraph (1), an individual who is at risk of becoming a victim of a forcible felony shall not be required to first seek retreat as the preferred alternative to using force to act in self-defense.(c)

Use or threatened use of deadly force in defense of person

(1)

In general

It shall be an affirmative defense to a prosecution under this title that the defendant used, threatened to use, or attempted to use deadly force against an aggressor if the defendant reasonably believed that the use, threat to use, or attempt to use such force was necessary to—(A)prevent imminent death or great bodily harm to the defendant or another individual; or (B)prevent the imminent commission of a forcible felony.(2)

No duty to retreat; right to stand your ground

For purposes of paragraph (1), an individual who is at risk of becoming a victim of a forcible felony—(A)shall not be required to first seek retreat as the preferred alternative to using force to act in self-defense; and(B)may use any means necessary to defend himself or herself if the individual—(i)is not engaged in criminal activity; and(ii)is in a place where the individual has a right to be.(d)

Burden of proof

The defendant has the burden of proving a defense under this section by a preponderance of the evidence.

.(2)

Table of sections

The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following:28. Affirmative defense for certain criminal violations..(b)

Effective date; applicability

The amendments made by subsection (a) shall—(1)take effect on the date of enactment of this Act; and (2)apply to any prosecution commenced after the date of enactment of this Act.