[23-20] Stand Your Ground Act 2020

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Toretto
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[23-20] Stand Your Ground Act 2020

Post by Toretto » Sun Jun 28, 2020 4:40 am

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SPONSORED BY: Senator Luis Peralta
CO-SPONSORS: Senator Sophie Thyne
SENATE BILL N° ASSIGNED BY SENATE CLERK



An act to redefine private and personal defense laws, and clarify 'Stand Your Ground' defenses


THE PEOPLE OF THE STATE OF SAN ANDREAS DO ORDAIN AS FOLLOWS:

  • Section 1. DEFINITIONS
    1. 'Deadly force' refers to the use of force that is likely to cause serious bodily injury or death to another person.
    2. 'Less-lethal force' refers to the usage of force unlikely to kill, or seriously or permanently injure another person.
    3. 'Vulnerable person' refers to any of the following: a person under the age of 18, a person diagnosed with a mental that leaves them unable to make reasonable decisions unassisted, a person diagnosed with a mental or physical illness that leaves them unable to physically defend themselves from unlawful contact or threat of death
    4. 'Care' refers to the lawful guardianship of a vulnerable person, either as a legal guardian (e.g. parent) or a person otherwise charged with the care and protection of a vulnerable person (e.g. a doctor, a teacher or a law enforcement officer).
    Section 2. AMENDMENTS
    1. PC12-03 is amended to read:
    • (12)03. 'Stand Your Ground' Defenses
      1. A person may use 'less-lethal force' to prevent unlawful physical offensive touching upon themselves or a vulnerable person that is in their care. A person may only use 'deadly force' if there is a credible and imminent threat of unlawful loss of life to that person or a vulnerable person that is in their care, and the belief is held that without deadly force, unlawful loss of life is highly likely.
      2. A person may use 'less-lethal force' to protect their own property, or property in which they are authorised to act as an owner, manager, or paid security guard from damage or theft. A person may only use 'deadly force' to prevent the unlawful loss of life on their property or on property in which they are authorised to act as an owner, manager, or paid security guard.
      3. A person may use reasonable force to enact a citizen's arrest in line with PC12-10 Good Samaritan Clause.
      4. Any person that fulfils the requirements by PC12-03 'Stand Your Ground' Defenses may not be charged with any violations listed in TITLE 1. Crimes Against The Person for the incident in which the 'Stand Your Ground' defenses are applied.
      5. These defenses may not apply if the defending party directly or indirectly causes the threat of unlawful violence, e.g. by making threats or inciting violence through insults or challenges. These defenses may not apply if any other felonies outside of TITLE 1. Crimes Against The Person are committed.


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    ______________________
    Jerry Richardson
    Governor of San Andreas









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