LRBa0615/1
PJH:jld:jf
2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2009 ASSEMBLY BILL 193
October 12, 2009 - Offered by Representative Hraychuck.
AB193-AA1,1,3
3"
Section 1m. 895.62 of the statutes is created to read:
AB193-AA1,1,7
4895.62 Use of force in response to unlawful and forcible entry into a
5residence; civil liability immunity. (1) In this section, "actor" means a person
6who uses force that is intended or likely cause death or great bodily harm to another
7person.
AB193-AA1,1,12
8(2) Except as provided in sub. (4), an actor is immune from civil liability arising
9out of his or her use of force that is intended or likely to cause death or great bodily
10harm if the actor reasonably believed that the force was necessary to prevent
11imminent death or great bodily harm to himself or herself or to another person and
12either of the following applies:
AB193-AA1,2,4
1(a) The person against whom the force was used was in the process of
2unlawfully and forcibly entering the actor's residence, the actor was present in the
3residence, and the actor knew or had reason to believe that an unlawful and forcible
4entry was occurring.
AB193-AA1,2,85
(b) The person against whom the force was used was in the actor's residence
6after unlawfully and forcibly entering it, the actor was present in the residence, and
7the actor knew or had reason to believe that the person had unlawfully and forcibly
8entered the residence.
AB193-AA1,2,11
9(3) An actor is presumed to have reasonably believed that the force was
10necessary to prevent imminent death or great bodily harm to himself or herself or
11to another person if either sub. (2) (a) or (b) applies.
AB193-AA1,2,13
12(4) The presumption described in sub. (3) does not apply if any of the following
13are true:
AB193-AA1,2,1614
(a) The actor was engaged in a criminal activity or was using his or her
15residence to further a criminal activity at the time he or she used the force described
16in sub. (2).
AB193-AA1,2,1917
(b) The person against whom the force was used was a peace officer who entered
18or attempted to enter the actor's residence in the performance of his or her official
19duties. This paragraph applies only if at least one of the following applies:
AB193-AA1,2,2120
1. The officer identified himself or herself to the actor before the force described
21in sub. (2) was used by the actor.
AB193-AA1,2,2322
2. The actor knew or reasonably should have known that the person entering
23or attempting to enter his or her residence was a peace officer.".
AB193-AA1,3,4
3(1) This act first applies to a use of force that occurs on the effective date of this
4subsection.".
