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Key Votes

HB 40 - Self Defense Law Amendments - Key Vote

Pennsylvania Key Votes

Michael Fleck voted Yea (Passage) on this Legislation.

Read statements Michael Fleck made in this general time period.

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Stage Details

Legislation - Bill Passed (House) (159-38) - (Key vote)

Title: Self Defense Law Amendments

Vote Smart's Synopsis:

Vote to pass a bill that expands the circumstances in which a person is allowed to use force for purposes of self defense.

Highlights:
-Allows a person who is not engaged in a criminal activity and who is attacked in an applicable place to stand his or her ground and use force without being subject to any requirement to retreat if the following circumstances apply (Sec. 2):
    -The person has a right to be in the place where he was attacked; -The person believes it is immediately necessary to do so to protect himself or herself against death, serious bodily injury, kidnapping, or sexual intercourse by force or threat; and -The person against whom the force is used displays or otherwise uses a firearm, a replica of a firearm, or any other weapon readily or apparently capable of lethal use.
-Presumes that a person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle or removes or attempts to remove another person against that person's will from the dwelling, residence or vehicle is doing so in order to commit an act resulting in death, "serious" bodily injury, kidnapping, or sexual intercourse by force or threat (Sec. 2). -Specifies that a person is presumed to have a "reasonable belief" that deadly force is immediately necessary to protect himself or herself against death, "serious" bodily injury, kidnapping, or sexual intercourse compelled by force or threat if both of the following conditions exist (Sec. 2):
    -The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle, or the person against whom the force is used or is attempting to unlawfully and forcefully remove another against that other's will from the dwelling, residence or occupied vehicle; and -The person knows or has reason to believe that the unlawful and forceful entry or act is occurring or has occurred.
-Specifies that the presumption in the previous highlight does not apply if (Sec. 2):
    -The person against whom force is used is a person who has the right to be in or is a lawful resident of the dwelling, residence or vehicle, such as an owner or lessee; -The person against whom force is used was attempting to remove his or her child, his or her grandchild, or a person who is otherwise under his or her lawful custody or guardianship; -The person who uses force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or -The person against whom force is used is a peace officer acting in the performance of his official duties and the person using force knew or "should have known" that the person was a peace officer.
-Specifies that a person who is justified in using force in making an arrest or preventing escape, or in assisting a public officer in making an arrest or preventing escape, shall not be obliged to cease such efforts because of resistance or threatened resistance by or on behalf of the person against whom the action is directed (Sec. 2). -Specifies that an individual who uses force in accordance with the law for purposes of self-protection, the protection of other persons, the protection of property, law enforcement, fulfilling a "special responsibility" for care, discipline, or safety of others shall be immune from civil action initiated by or on behalf of a perpetrator against the individual who used force, and directs the court to award "reasonable" expenses to the individual who used force (Sec. 7). -Establishes grading for certain theft offenses, including, but not limited to, the following designations (Sec. 4):
    -A felony of the second degree, which applies if the offense is committed during a man-made disaster, natural disaster, or a war-caused disaster and constitutes a violation of Secs. 3921, 3925, 3928, or 3929 of Title 18 of the Statutes, if the property stolen is a firearm (including a case of theft by receiving stolen property in which the property is a firearm), or if the property stolen is any amount of anhydrous ammonia; -A felony of the third degree, which applies if the amount involved exceeds $2,000, if the property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle, or if the case involves theft by receiving stolen property and the receiver is in the business of buying or selling stolen property; and -A felony of the first degree, which applies if the case involves receiving stolen property, the property is a firearm, and the receiver is in the business of buying or selling stolen property.
Legislation - Introduced (House) -

Title: Self Defense Law Amendments

Sponsors

  • Scott Perry (PA - R) (Out Of Office)

Co-sponsors

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