Georgia House of Representatives - 1995/1996 Sessions

HB 107 - Intruder in residence; imminent danger; rebuttable presumption

Page Numbers - 1/ 2

Code Sections - 16-3-23

1. Ladd  59th             2. Johnson  97th           3. Barnard  154th


House Comm: SJudy      /                Senate Comm: S Judy     /                                   
House Vote: Yeas 157   Nays 12          Senate Vote: Yeas     Nays                                  
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              1/9/95   Read 1st Time         1/31/95                                                
              1/10/95  Read 2nd Time         2/28/95                                                
              1/26/95  Favorably Reported    2/27/95                                                
              Sub      Committee Amend/Sub   Sub                                                    
                       Recommitted           1/8/96                                                 
              1/30/95  Read 3rd Time         1/8/96                                                 
              1/30/95  Passed/Adopted                                                               
              CS       Comm/Floor Amend/Sub                                                         
              ----------------------------------------                                              
Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 16-3-21, 16-3-23                                                             


HB 107                                           LC 21 3346S

               ______________________________ offers the following
      substitute to HB 107:



                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 3 of Title 16 of the Official
  1- 2  Code of Georgia Annotated, relating to justification and
  1- 3  excuse as defenses to criminal prosecution, so as to change
  1- 4  the provisions relating to the use of force in the defense
  1- 5  of habitations or residences; to repeal conflicting laws;
  1- 6  and for other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Article 2 of Chapter 3 of Title 16 of the Official Code of
  1- 9  Georgia Annotated, relating to justification and excuse as
  1-10  defenses to criminal prosecution, is amended by striking
  1-11  subsection (a) of Code Section 16-3-21, relating to the use
  1-12  of force in the defense of self or others, and inserting in
  1-13  lieu thereof a new subsection (a) to read as follows:

  1-14    "(a) A person is justified in threatening or using force
  1-15    against another when and to the extent that he or she
  1-16    reasonably believes that such threat or force is necessary
  1-17    to defend himself or herself or a third person against
  1-18    such other's imminent use of unlawful force; however,
  1-19    except as provided in Code Section 16-3-23, a person is
  1-20    justified in using force which is intended or likely to
  1-21    cause death or great bodily harm only if he or she
  1-22    reasonably believes that such force is necessary to
  1-23    prevent death or great bodily injury to himself or herself
  1-24    or a third person or to prevent the commission of a
  1-25    forcible felony."

                         SECTION 2.

  1-26  Said article is further amended by striking in its entirety
  1-27  Code Section 16-3-23, relating to use of force in defense of
  1-28  habitation, and inserting in lieu thereof a new Code Section
  1-29  16-3-23 to read as follows:





                                 -1- (Index)

                                                 LC 21 3346S

  2- 1    "16-3-23. (Index)

  2- 2    A person is justified in threatening or using force
  2- 3    against another when and to the extent that he or she
  2- 4    reasonably believes that such threat or force is necessary
  2- 5    to prevent or terminate such other's unlawful entry into
  2- 6    or attack upon a habitation; however, he such person is
  2- 7    justified in the use of force which is intended or likely
  2- 8    to cause death or great bodily harm only if:

  2- 9      (1) The entry is made or attempted in a violent and
  2-10      tumultuous manner and he reasonably believes that the
  2-11      entry is attempted or made for the purpose of assaulting
  2-12      or offering personal violence to any person dwelling or
  2-13      being therein and that such force is necessary to
  2-14      prevent the assault or offer of personal violence; or

  2-15      (2) That force is used against another person who is not
  2-16      a member of the family or household and who unlawfully
  2-17      and forcibly enters or has unlawfully and forcibly
  2-18      entered the residence and the person using such force
  2-19      knew or had reason to believe that an unlawful and
  2-20      forcible entry occurred; or

  2-21      (3) The person using such force He reasonably believes
  2-22      that the entry is made or attempted for the purpose of
  2-23      committing a felony therein and that such force is
  2-24      necessary to prevent the commission of the felony."

                         SECTION 3.

  2-25  All laws and parts of laws in conflict with this Act are
  2-26  repealed.


















                                 -2- (Index)