PRINTER'S NO. 1487
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1025
Session of
2020
INTRODUCED BY SANTARSIERO, HAYWOOD, COLLETT, LEACH, HUGHES AND
KEARNEY, JANUARY 31, 2020
REFERRED TO JUDICIARY, JANUARY 31, 2020
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)(1), (2), (2.2), (2.3) and (2.4) of
Title 18 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 505. Use of force in self-protection.
* * *
(b) Limitations on justifying necessity for use of force.--
(1) The use of force is not justifiable under this
section:
(i) to resist an arrest which the actor knows is
being made by a peace officer, although the arrest is
unlawful; [or]
(ii) to resist force used by the occupier or
possessor of property or by another person on his behalf,
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where the actor knows that the person using the force is
doing so under a claim of right to protect the property,
except that this limitation shall not apply if:
(A) the actor is a public officer acting in the
performance of his duties or a person lawfully
assisting him therein or a person making or assisting
in a lawful arrest;
(B) the actor has been unlawfully dispossessed
of the property and is making a reentry or recaption
justified by section 507 of this title (relating to
use of force for the protection of property); or
(C) the actor believes that such force is
necessary to protect himself against death or serious
bodily injury[.]; or
(iii) if the actor knows that he can avoid the
necessity of using force with complete safety by
deescalation or retreating.
(2) The use of deadly force is not justifiable under
this section unless the actor believes that such force is
necessary to protect himself against death, serious bodily
injury, kidnapping or sexual intercourse compelled by force
or threat; nor is it justifiable if:
(i) the actor, with the intent of causing death or
serious bodily injury, provoked the use of force against
himself in the same encounter; or
(ii) the actor knows that he can avoid the necessity
of using such force with complete safety by deescalation
or retreating[, except the actor is not obliged to
retreat from his dwelling or place of work, unless he was
the initial aggressor or is assailed in his place of work
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by another person whose place of work the actor knows it
to be].
* * *
(2.2) The presumption set forth in paragraph (2.1) does
not apply if:
(i) the person against whom the force is used has
the right to be in or is a lawful resident of the
dwelling, residence or vehicle, such as an owner or
lessee;
(ii) the person sought to be removed is a child or
grandchild or is otherwise in the lawful custody or under
the lawful guardianship of the person against whom the
protective force is used;
(iii) the actor is engaged in a criminal activity or
is using the dwelling, residence or occupied vehicle to
further a criminal activity; [or]
(iv) the person against whom the force is used is a
peace officer acting in the performance of his official
duties and the actor using force knew or reasonably
should have known that the person was a peace officer[.];
or
(v) the actor knows that he can avoid the necessity
of using deadly force with complete safety by
deescalation or retreating.
[(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:
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(i) the actor has a right to be in the place where
he was attacked;
(ii) 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 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) any other weapon readily or apparently
capable of lethal use.
(2.4) The exception to the duty to retreat set forth
under paragraph (2.3) does not apply if the person against
whom the force is used is a peace officer acting in the
performance of his official duties and the actor using force
knew or reasonably should have known that the person was a
peace officer.]
* * *
Section 2. This act shall take effect in 60 days.
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