1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in general principles of
3justification, further providing for justification generally
4and for use of force in self-protection.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 503 of Title 18 of the Pennsylvania
8Consolidated Statutes is amended by adding a subsection to read:

9Section 503. Justification generally.

10* * *

11(c) Affirmative defense.--

12(1) Except when force is used pursuant to section 505(b)
13(2)(ii), (relating to use of force in self-protection), the 
14use of deadly force as justification for conduct resulting in 
15the death of or serious bodily injury to another shall only 
16be a defense to the conduct charged when the actor proves by 
17a preponderance of evidence that the actor was justified in 
18the use of such deadly force at the time of the commission of 
19the offense.

1(2) The justification afforded by this subsection is 
2unavailable in a prosecution for an offense if the actor 
3claiming the justification acted in direct contravention or 
4recklessly disregarded the instruction or direction of any 
5peace officer or public safety official.

6Section 2. Section 505(b)(2), (2.1), and (2.3) of Title 18
7are amended to read:

8§ 505. Use of force in self-protection.

9* * *

10(b) Limitations on justifying necessity for use of force.--

11* * *

12(2) The use of deadly force is not justifiable under
13this section unless the actor believes that such force is
14necessary to protect himself against death, serious bodily
15injury, kidnapping or sexual intercourse compelled by force
16or threat; nor is it justifiable if:

17(i) the actor, with the intent of causing death or
18serious bodily injury, provoked the use of force against
19himself in the same encounter; or

20(ii) the actor knows that he can avoid the necessity
21of using such force with complete safety by retreating,
22except the actor is not obliged to retreat from his
23dwelling, occupied vehicle or place of work, unless he
24was the initial aggressor or is assailed in his place of
25work by another person whose place of work the actor
26knows to be.

27(2.1) Except as otherwise provided in paragraph (2.2), 
28an actor [is presumed to have] may prove that he has a 
29reasonable belief that deadly force is immediately necessary 
30to protect himself against death, serious bodily injury,
 

1kidnapping or sexual intercourse compelled by force or threat 
2if both of the following conditions exist:

3(i) The person against whom the force is used is in 
4the process of unlawfully and forcefully entering, or has 
5unlawfully and forcefully entered and is present within, 
6a dwelling, residence or occupied vehicle; or the person 
7against whom the force is used is or is attempting to 
8unlawfully and forcefully remove another against that 
9other's will from the dwelling, residence or occupied 
10vehicle.

11(ii) The actor knows or has reason to believe that 
12the unlawful and forceful entry or act is occurring or 
13has occurred.

14* * *

15(2.3) An actor who is not engaged in a criminal 
16activity, who is not in illegal possession of a firearm as 
17defined in 42 Pa.C.S. § 9712 (relating to sentences for 
18offenses committed with firearms) and who is attacked in any 
19place where the actor would have a duty to retreat under 
20paragraph (2)(ii) has no duty to retreat and has the right to 
21stand his ground and use force, including deadly force, if:

22(i) the actor [has a right to be] is not trespassing
23in the place where he was attacked;

24(ii) [the actor believes it is immediately necessary
25to do so to protect himself against death, serious bodily
26injury, kidnapping or sexual intercourse by force or
27threat] the action is immediately necessary to protect 
28against death, serious bodily injury, kidnapping or 
29sexual intercourse by force or threat; and

30(iii) the person against whom the force is used

1displays or otherwise uses:

2(A) a firearm or replica of a firearm as defined
3in 42 Pa.C.S. § 9712 [(relating to sentences for
4offenses committed with firearms)]; or

5(B) any other device designed as a weapon
6readily or apparently capable of lethal use.

7* * *

8Section 3. This act shall take effect in 60 days.