PRINTER'S NO. 39
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
45
Session of
2015
INTRODUCED BY SACCONE, REESE, KNOWLES, BLOOM, KAUFFMAN, MALONEY,
CUTLER, GILLEN, DIAMOND, McGINNIS, GABLER, DUSH, SONNEY AND
METCALFE, JANUARY 21, 2015
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in general principles of
justification, further providing for use of force in self-
protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 505(b)(2.3) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 505. Use of force in self-protection.
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(b) Limitations on justifying necessity for use of force.--
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(2.3) An actor who is not engaged in a criminal
activity, who is not in illegal possession of a firearm and
who is attacked in any place where the actor would have a
duty to retreat under paragraph (2)(ii), has no duty to
retreat and has the right to stand his ground and use force,
including deadly force, if all of the following subparagraphs
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apply:
(i) [the] The actor has a right to be in the place
where he was attacked[;].
(ii) [the] The actor believes it is immediately
necessary to do so to protect himself against death,
serious bodily injury, kidnapping or sexual intercourse
by force or threat[; and].
(iii) [the] Any of the following clauses apply:
(A) The person against whom the force is used
displays or otherwise uses[:
(A)] a firearm or replica of a firearm as
defined in 42 Pa.C.S. § 9712 (relating to sentences
for offenses committed with firearms)[; or].
(B) The person against whom the force is used
displays or otherwise uses any other weapon readily
or apparently capable of lethal use.
(C) The person against whom the force is used
displays or possesses the physical power, stature or
ability to kill or inflict serious bodily injury and
the actor believes it is necessary to protect himself
against death, serious bodily injury, kidnapping or
sexual intercourse by force or threat.
(D) The persons against whom the force is used
outnumber the actor such that he reasonably fears
death, serious bodily injury, kidnapping or sexual
intercourse by force or threat.
* * *
Section 2. This act shall take effect in 60 days.
20150HB0045PN0039 - 2 -
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