Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 14-1063 LLS NO. 14-0001.01 Richard Sweetman x4333 HOUSE SPONSORSHIP Everett, Buck, Holbert, Humphrey, Nordberg, Saine, Wright SENATE SPONSORSHIP Grantham, Harvey, Lambert, Lundberg, Marble, Renfroe House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT 101 CONCERNING THE USE OF DEADLY PHYSICAL FORCE AGAINST A PERSON 102 WHO HAS MADE AN ILLEGAL ENTRY INTO A PLACE OF BUSINESS. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. 1 Be it enacted by the General Assembly of the State of Colorado: 2 3 SECTION 1. In Colorado Revised Statutes, amend 18-1-704.5 as follows: 4 18-1-704.5. Use of deadly physical force against an intruder. 5 (1) The general assembly hereby recognizes that the citizens of Colorado 6 have a right to expect absolute safety within their own homes DWELLINGS 7 AND PLACES OF BUSINESS. 8 (2) Notwithstanding the provisions of section 18-1-704, any 9 occupant of a dwelling AND ANY OWNER, MANAGER, OR EMPLOYEE OF A 10 PLACE OF BUSINESS is justified in using any degree of physical force, 11 including deadly physical force, against another person when that other 12 person has made an unlawful entry into the dwelling 13 BUSINESS, and when the occupant 14 EMPLOYEE has a reasonable belief that such other person has committed 15 a crime in the dwelling OR PLACE OF BUSINESS in addition to the uninvited 16 entry, or is committing or intends to commit a crime against a person or 17 property in addition to the uninvited entry, and when the occupant 18 reasonably believes that such THE other person might use any physical 19 force, no matter how slight, against any occupant OF THE DWELLING OR 20 PLACE OF BUSINESS. OR PLACE OF OR THE OWNER, MANAGER, OR 21 (3) Any occupant of a dwelling AND ANY OWNER, MANAGER, OR 22 EMPLOYEE OF A PLACE OF BUSINESS using physical force, including deadly 23 physical force, in accordance with the provisions of subsection (2) of this 24 section shall be IS immune from criminal prosecution for the use of such 25 force. 26 (4) Any occupant of a dwelling AND ANY OWNER, MANAGER, OR 27 EMPLOYEE OF A PLACE OF BUSINESS using physical force, including deadly -2- HB14-1063 1 physical force, in accordance with the provisions of subsection (2) of this 2 section shall be IS immune from any civil liability for injuries or death 3 resulting from the use of such force. 4 5 SECTION 2. In Colorado Revised Statutes, amend 18-1-705 as follows: 6 18-1-705. Use of physical force in defense of premises. A 7 person in possession or control of any building, realty, or other premises, 8 or a person who is licensed or privileged to be thereon, is justified in 9 using reasonable and appropriate physical force upon another person 10 when and to the extent that it is reasonably necessary to prevent or 11 terminate what he OR SHE reasonably believes to be the commission or 12 attempted commission of an unlawful trespass by the other person in or 13 upon the building, realty, or premises. However, he THE PERSON may use 14 deadly force only in defense of himself 15 described in section 18-1-704, or when he OR SHE reasonably believes it 16 necessary to prevent what he OR SHE reasonably believes to be an attempt 17 by the trespasser to commit first degree arson. OR HERSELF or another as 18 SECTION 3. Safety clause. The general assembly hereby finds, 19 determines, and declares that this act is necessary for the immediate 20 preservation of the public peace, health, and safety. -3- HB14-1063