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                                                      PRINTER'S NO. 1580

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1173 Session of 2007


        INTRODUCED BY ROBBINS, SCARNATI, BAKER, LAVALLE, BROWNE, CORMAN,
           FOLMER, KASUNIC, KITCHEN, MADIGAN, RAFFERTY, REGOLA, RHOADES,
           D. WHITE, WOZNIAK AND ARMSTRONG, NOVEMBER 27, 2007

        REFERRED TO JUDICIARY, NOVEMBER 27, 2007

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
     2     Judicial Procedure) of the Pennsylvania Consolidated
     3     Statutes, further providing, in general principles of
     4     justification, for definitions, for use of force in self-
     5     protection, for use of force for the protection of other
     6     persons and for licenses to carry firearms; providing for
     7     civil immunity for use of force; and further providing for
     8     sentences for offenses committed with firearms.

     9     The General Assembly finds that:
    10         (1)  It is proper for law-abiding people to protect
    11     themselves, their families and others from intruders and
    12     attackers without fear of prosecution or civil action for
    13     acting in defense of themselves and others.
    14         (2)  The Castle Doctrine is a common law doctrine of
    15     ancient origins which declares that a home is a person's
    16     castle.
    17         (3)  Section 21 of Article I of the Constitution of
    18     Pennsylvania guarantees that the "right of the citizens to
    19     bear arms in defense of themselves and the State shall not be
    20     questioned."


     1         (4)  Persons residing in or visiting this Commonwealth
     2     have a right to expect to remain unmolested within their
     3     homes or vehicles.
     4         (5)  No person should be required to surrender his or her
     5     personal safety to a criminal, nor should a person be
     6     required to needlessly retreat in the face of intrusion or
     7     attack outside the person's home or vehicle.
     8         (6)  Despite the clear language of 18 Pa.C.S. §§ 6106 and
     9     6109, inconsistent statutory and regulatory language appears
    10     to limit the ability of law enforcement officers and properly
    11     licensed individuals to carry a firearm throughout this
    12     Commonwealth.
    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 501 of Title 18 of the Pennsylvania
    16  Consolidated Statutes, amended July 17, 2007 (P.L.139, No.41),
    17  is amended to read:
    18  § 501.  Definitions.
    19     Subject to additional definitions contained in subsequent
    20  provisions of this chapter which are applicable to specific
    21  provisions of this chapter, the following words and phrases,
    22  when used in this chapter shall have, unless the context clearly
    23  indicates otherwise, the meanings given to them in this section:
    24     "Believes" or "belief."  Means "reasonably believes" or
    25  "reasonable belief."
    26     "Correctional institution."  Any penal institution,
    27  penitentiary, State farm, reformatory, prison, jail, house of
    28  correction, or other institution for the incarceration or
    29  custody of persons under sentence for offenses or awaiting trial
    30  or sentence for offenses.
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     1     "Corrections officer."  A full-time employee assigned to the
     2  Department of Corrections whose principal duty is the care,
     3  custody and control of inmates of a penal or correctional
     4  institution operated by the Department of Corrections.
     5     "Deadly force."  Force which, under the circumstances in
     6  which it is used, is readily capable of causing death or serious
     7  bodily injury.
     8     "Dwelling."  Any building or structure, including any
     9  attached porch, deck or patio, though movable or temporary, or a
    10  portion thereof, which is for the time being the home or place
    11  of lodging of the actor.
    12     "Peace officer."  Any person who by virtue of his office or
    13  public employment is vested by law with a duty to maintain
    14  public order or to make arrests for offenses, whether that duty
    15  extends to all offenses or is limited to specific offenses, or
    16  any person on active State duty pursuant to [section 311 of the
    17  act of May 27, 1949 (P.L.1903, No.568), known as "The Military
    18  Code of 1949."] 51 Pa.C.S. § 508 (relating to active duty for
    19  emergency). The term "peace officer" shall also include any
    20  member of any park police department of any county of the third
    21  class.
    22     "Residence."  A dwelling in which a person resides, either
    23  temporarily or permanently, or visits as an invited guest.
    24     "Unlawful force."  Force, including confinement, which is
    25  employed without the consent of the person against whom it is
    26  directed and the employment of which constitutes an offense or
    27  actionable tort or would constitute such offense or tort except
    28  for a defense (such as the absence of intent, negligence, or
    29  mental capacity; duress; youth; or diplomatic status) not
    30  amounting to a privilege to use the force. Assent constitutes
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     1  consent, within the meaning of this section, whether or not it
     2  otherwise is legally effective, except assent to the infliction
     3  of death or serious bodily injury.
     4     "Vehicle."  A conveyance of any kind, whether or not
     5  motorized, which is designed to transport people or property.
     6     Section 2.  Section 505(b) of Title 18 is amended and the
     7  section is amended by adding a subsection to read:
     8  § 505.  Use of force in self-protection.
     9     * * *
    10     (b)  Limitations on justifying necessity for use of force.--
    11         (1)  The use of force is not justifiable under this
    12     section:
    13             (i)  to resist an arrest which the actor knows is
    14         being made by a peace officer, although the arrest is
    15         unlawful; or
    16             (ii)  to resist force used by the occupier or
    17         possessor of property or by another person on his behalf,
    18         where the actor knows that the person using the force is
    19         doing so under a claim of right to protect the property,
    20         except that this limitation shall not apply if:
    21                 (A)  the actor is a public officer acting in the
    22             performance of his duties or a person lawfully
    23             assisting him therein or a person making or assisting
    24             in a lawful arrest;
    25                 (B)  the actor has been unlawfully dispossessed
    26             of the property and is making a reentry or recaption
    27             justified by section 507 of this title (relating to
    28             use of force for the protection of property); or
    29                 (C)  the actor believes that such force is
    30             necessary to protect himself against death or serious
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     1             bodily injury.
     2         (2)  The use of deadly force is not justifiable under
     3     this section unless the actor believes that such force is
     4     necessary to protect himself against death, serious bodily
     5     injury, kidnapping or sexual intercourse compelled by force
     6     or threat; nor is it justifiable if:
     7             (i)  the actor, with the intent of causing death or
     8         serious bodily injury, provoked the use of force against
     9         himself in the same encounter; or
    10             (ii)  the actor knows that he can avoid the necessity
    11         of using such force with complete safety by retreating
    12         [or by surrendering possession of a thing to a person
    13         asserting a claim of right thereto or by complying with a
    14         demand that he abstain from any action which he has no
    15         duty to take], except [that:
    16                 (A)]  the actor is not obliged to retreat from
    17             his dwelling [or place of work,] unless he was the
    18             initial aggressor [or is assailed in his place of
    19             work by another person whose place of work the actor
    20             knows it to be; and
    21                 (B)  a public officer justified in using force in
    22             the performance of his duties or a person justified
    23             in using force in his assistance or a person
    24             justified in using force in making an arrest or
    25             preventing an escape is not obliged to desist from
    26             efforts to perform such duty, effect such arrest or
    27             prevent such escape because of resistance or
    28             threatened resistance by or on behalf of the person
    29             against whom such action is directed].
    30         (2.1)  Except as otherwise provided in paragraph (2.2),
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     1     an actor is presumed to have a reasonable belief that deadly
     2     force is immediately necessary to protect himself against
     3     death, serious bodily injury, kidnapping or sexual
     4     intercourse compelled by force or threat if both of the
     5     following exist:
     6             (i)  The person against whom the protective force was
     7         used was in the process of unlawfully and forcefully
     8         entering, or had unlawfully and forcefully entered, a
     9         dwelling, residence or occupied vehicle; or the person
    10         against whom the protective force was used had unlawfully
    11         and forcefully removed or was attempting to unlawfully
    12         and forcefully remove another against that other's will
    13         from the dwelling, residence or occupied vehicle.
    14             (ii)  The actor knew or had reason to believe that an
    15         unlawful and forceful entry or act was occurring or had
    16         occurred.
    17         (2.2)  The presumption set forth in paragraph (2.1) does
    18     not apply if:
    19             (i)  the person against whom the protective force is
    20         used has the right to be in or is a lawful resident of
    21         the dwelling, residence or vehicle, such as an owner or
    22         lessee;
    23             (ii)  the person sought to be removed is a child or
    24         grandchild or is otherwise in the lawful custody or under
    25         the lawful guardianship of the person against whom the
    26         protective force is used;
    27             (iii)  the actor is engaged in a criminal activity or
    28         is using the dwelling, residence or occupied vehicle to
    29         further a criminal activity; or
    30             (iv)  the person against whom the protective force is
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     1         used is a peace officer acting in the performance of his
     2         official duties and the peace officer identified himself
     3         or the person using force knew or reasonably should have
     4         known that the person was a peace officer.
     5         (2.3)  An actor who is not engaged in a criminal activity
     6     and who is attacked in any place where the actor has a right
     7     to be has no duty to retreat and has the right to stand his
     8     ground and use protective force, including deadly force, if
     9     the actor believes it is immediately necessary to do so to
    10     protect himself against death, serious bodily injury,
    11     kidnapping or sexual intercourse by force or threat.
    12         (2.4)  Unless one of the exceptions under paragraph (2.2)
    13     applies, a person who unlawfully and by force enters or
    14     attempts to enter an actor's dwelling, residence or occupied
    15     vehicle or removes or attempts to remove another against that
    16     other's will from the actor's dwelling, residence or occupied
    17     vehicle is presumed to be doing so with the intent to commit:
    18             (i)  an act resulting in death or serious bodily
    19         injury; or
    20             (ii)  kidnapping or sexual intercourse by force or
    21         threat.
    22         (2.5)  A public officer justified in using force in the
    23     performance of his duties or a person justified in using
    24     force in his assistance or a person justified in using force
    25     in making an arrest or preventing an escape is not obliged to
    26     desist from efforts to perform such duty, effect such arrest
    27     or prevent such escape because of resistance or threatened
    28     resistance by or on behalf of the person against whom such
    29     action is directed.
    30         (3)  Except as [required by paragraphs (1) and (2) of
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     1     this subsection,] otherwise required by this subsection, a
     2     person employing protective force may estimate the necessity
     3     thereof under the circumstances as he believes them to be
     4     when the force is used, without retreating, surrendering
     5     possession, doing any other act which he has no legal duty to
     6     do or abstaining from any lawful action.
     7     * * *
     8     (d)  Definition.--As used in this section, the term "criminal
     9  activity" means conduct which is a misdemeanor or felony, is not
    10  justifiable under this chapter and is the proximate cause of the
    11  confrontation between an actor and the person against whom
    12  protective force is used.
    13     Section 3.  Section 506 of Title 18 is amended to read:
    14  § 506.  Use of force for the protection of other persons.
    15     (a)  General rule.--The use of force upon or toward the
    16  person of another is justifiable to protect a third person when:
    17         (1)  the actor would be justified under section 505 [of
    18     this title] (relating to use of force in self-protection) in
    19     using such force to protect himself against the injury he
    20     believes to be threatened to the person whom he seeks to
    21     protect;
    22         (2)  under the circumstances as the actor believes them
    23     to be, the person whom he seeks to protect would be justified
    24     in using such protective force; and
    25         (3)  the actor believes that his intervention is
    26     necessary for the protection of such other person.
    27     (b)  [Exceptions] Exception.--Notwithstanding subsection (a)
    28  [of this section:
    29         (1)  When the actor would be obliged under section 505 of
    30     this title to retreat, to surrender the possession of a thing
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     1     or to comply with a demand before using force in self-
     2     protection, he is not obliged to do so before using force for
     3     the protection of another person, unless he knows that he can
     4     thereby secure the complete safety of such other person.
     5         (2)  When the person whom the actor seeks to protect
     6     would be obliged under section 505 of this title to retreat,
     7     to surrender the possession of a thing or to comply with a
     8     demand if he knew that he could obtain complete safety by so
     9     doing, the actor is obliged to try to cause him to do so
    10     before using force in his protection if the actor knows that
    11     he can obtain complete safety in that way.
    12         (3)  Neither the actor nor the person whom he seeks to
    13     protect is obliged to retreat when in the dwelling or place
    14     of work of the other to any greater extent than in his own.]
    15     , the actor is not obliged to retreat to any greater extent
    16     than the person whom he seeks to protect.
    17     Section 4.  The definition of "loaded" in section 6102 of
    18  Title 18 is amended to read:
    19  § 6102.  Definitions.
    20     Subject to additional definitions contained in subsequent
    21  provisions of this subchapter which are applicable to specific
    22  provisions of this subchapter, the following words and phrases,
    23  when used in this subchapter shall have, unless the context
    24  clearly indicates otherwise, the meanings given to them in this
    25  section:
    26     * * *
    27     "Loaded."  A firearm is loaded if the firing chamber, the
    28  nondetachable magazine or, in the case of a revolver, any of the
    29  chambers of the cylinder contain ammunition capable of being
    30  fired. In the case of a firearm which utilizes a detachable
    20070S1173B1580                  - 9 -     

     1  magazine, the term shall mean a magazine suitable for use in
     2  said firearm which magazine contains such ammunition and has
     3  been inserted in the firearm or is in the same container or,
     4  where the container has multiple compartments, the same
     5  compartment thereof as the firearm. If the magazine is inserted
     6  into a pouch, holder, holster or other protective device that
     7  provides for a complete and secure enclosure of the ammunition,
     8  then the pouch, holder, holster or other protective device shall
     9  be deemed to be a separate compartment.
    10     * * *
    11     Section 5.  Section 6109 of Title 18 is amended by adding
    12  subsections to read:
    13  § 6109.  Licenses.
    14     * * *
    15     (m.1)  Inconsistent provisions.--Notwithstanding the
    16  provisions of 75 Pa.C.S. § 7727 (relating to additional
    17  limitations on operation), or the act of June 28, 1995 (P.L.89,
    18  No.18), known as the Conservation and Natural Resources Act, and
    19  regulations promulgated under that act, a firearm may be carried
    20  as provided in subsection (a) by:
    21         (1)  a law enforcement officer whose current
    22     identification as a law enforcement officer shall be
    23     construed as a valid license to carry a firearm; or
    24         (2)  any licensee.
    25     (m.2)  Construction.--Nothing in this section shall be
    26  construed to:
    27         (1)  Permit the hunting or harvesting of any wildlife
    28     with a firearm or ammunition not otherwise permitted by 34
    29     Pa.C.S. (relating to game).
    30         (2)  Authorize any Commonwealth agency to regulate the
    20070S1173B1580                 - 10 -     

     1     possession of firearms in any manner inconsistent with the
     2     provisions of this title.
     3     * * *
     4     Section 6.  Title 42 is amended by adding a section to read:
     5  § 8340.2.  Civil immunity for use of force.
     6     (a)  General rule.--An actor who uses force:
     7         (1)  in self-protection as provided in 18 Pa.C.S. § 505
     8     (relating to use of force in self-protection);
     9         (2)  in the protection of other persons as provided in 18
    10     Pa.C.S. § 506 (relating to use of force for the protection of
    11     other persons);
    12         (3)  for the protection of property as provided in 18
    13     Pa.C.S. § 507 (relating to use of force for the protection of
    14     property);
    15         (4)  in law enforcement as provided in 18 Pa.C.S. § 508
    16     (relating to use of force in law enforcement); or
    17         (5)  consistent with the actor's special responsibility
    18     for care, discipline or safety of others as provided in 18
    19     Pa.C.S. § 509 (relating to use of force by persons with
    20     special responsibility for care, discipline or safety of
    21     others);
    22  is justified in using such force and shall be immune from civil
    23  liability for personal injuries sustained by a perpetrator which
    24  were caused by the acts or omissions of the actor as a result of
    25  the use of force.
    26     (b)  Attorney fees and costs.--If the actor who satisfies the
    27  requirements of subsection (a) prevails in a civil action
    28  initiated by or on behalf of a perpetrator against the actor,
    29  the court shall award reasonable expenses to the actor.
    30  Reasonable expenses shall include, but not be limited to,
    20070S1173B1580                 - 11 -     

     1  attorney fees, expert witness fees, court costs and compensation
     2  for loss of income.
     3     (c)  Definition.--As used in this section, the term
     4  "perpetrator" shall mean a person against whom an actor is
     5  justified in using force as provided by 18 Pa.C.S. § 505, 506,
     6  507, 508 or 509.
     7     Section 7.  This act shall take effect in 60 days.
















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