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04/24/2024 10:44 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=13272
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: September 9, 2013 04:03 PM
From: Representative Ronald G. Waters
To: All House members
Subject: Repeal of certain provisions of the Castle Doctrine
 
In the near future, I plan to introduce legislation that would repeal certain provisions of the Castle Doctrine, specifically enacted provisions under Act 10 of 2011 that make it optional for one to seek retreat before using deadly force in the protection of oneself or others.

Act 10 amended Titles 18 (Crime and Offenses) and 42 (Judiciary and Judicial Process) of the PA Consolidated Statutes to establish a “castle doctrine” in PA law. Modeled after the Florida law, Act 10 authorizes the use of force, including deadly force, in certain situations and grants protection from civil liability for the lawful use of force in two situations: (1) in an individual’s dwelling, residence, or occupied vehicle and (2) in any other place where that individual has a right to be. In short, Act 10 of 2011 eliminates an individual’s duty to retreat (if they are able) before using lethal force outside his or dwelling, residence or occupied vehicle. Or in other words, the individual being attacked has the right to “stand” his or her ground.

It is my belief that these types of laws encourage violent confrontations where they might otherwise be avoided and thus handled by trained law enforcement. Violence often times begets violence. When you can walk away, you should do so.

As a deliberative legislative body, we should move proactively and learn from the mistakes of other states. Please join me in co-sponsoring this legislation. You may contact Germaine Brown or Tim Scott in my Harrisburg Office at 717-783-4090 or via email at GBrown@pahouse.net.



Introduced as HB1812