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SB-1046, As Passed Senate, June 29, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1046

A bill to create a rebuttable presumption regarding the use of

self-defense or the defense of others.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) Except as provided in subsection (2), it is a

rebuttable presumption in a civil or criminal case that an

individual who uses deadly force or force other than deadly force

under section 2 of the self-defense act has an honest and

reasonable belief that imminent death of, sexual assault of, or

great bodily harm to himself or herself or another individual will

occur if both of the following apply:

(a) The individual against whom deadly force or force other

than deadly force is used is in the process of breaking and

entering a dwelling or business premises or committing home

invasion or has broken and entered a dwelling or business premises

or committed home invasion and is still present in the dwelling or

business premises, or is unlawfully attempting to remove another

individual from a dwelling, business premises, or occupied vehicle

against his or her will.

(b) The individual using deadly force or force other than

deadly force honestly and reasonably believes that the individual

is engaging in conduct described in subdivision (a).

(2) The presumption set forth in subsection (1) does not apply

if any of the following circumstances exist:

(a) The individual against whom deadly force or force other

than deadly force is used, including an owner, lessee, or

titleholder, has the legal right to be in the dwelling, business

premises, or vehicle and there is not an injunction for protection

from domestic violence or a written pretrial supervision order, a

probation order, or a parole order of no contact against that

person.

(b) The individual removed or being removed from the dwelling,

business premises, or occupied vehicle is a child or grandchild of,

or is otherwise in the lawful custody of or under the lawful

guardianship of, the individual against whom deadly force or force

other than deadly force is used.

deadly force is engaged in the commission of a crime or is using

the dwelling, business premises, or occupied vehicle to further the

commission of a crime.

(d) The individual against whom deadly force or force other

than deadly force is used is a peace officer who has entered or is

attempting to enter a dwelling, business premises, or vehicle in

the performance of his or her official duties in accordance with

applicable law.

(e) The individual against whom deadly force or force other

than deadly force is used is the spouse or former spouse of the

individual using deadly force or force other than deadly force, an

individual with whom the individual using deadly force or other

than deadly force has or had a dating relationship, an individual

with whom the individual using deadly force or other than deadly

force has had a child in common, or a resident or former resident

of his or her household, and the individual using deadly force or

other than deadly force has a prior history of domestic violence as

the aggressor.

(3) As used in this section:

(a) "Domestic violence" means that term as defined in section

1 of 1978 PA 389, MCL 400.1501.

(b) "Business premises" means a building or other structure

used for the transaction of business, including an appurtenant

structure attached to that building or other structure.

permanently or temporarily as a place of abode, including an

appurtenant structure attached to that structure or shelter.

(d) "Law enforcement officer of a Michigan Indian tribal

police force" means a regularly employed member of a police force

of a Michigan Indian tribe who is appointed pursuant to former 25

CFR 12.100 to 12.103.

(e) "Michigan Indian tribe" means a federally recognized

Indian tribe that has trust lands located within this state.

(f) "Peace officer" means any of the following:

(i) A regularly employed member of a law enforcement agency

authorized and established pursuant to law, including common law,

who is responsible for the prevention and detection of crime and

the enforcement of the general criminal laws of this state. Peace

officer does not include a person serving solely because he or she

occupies any other office or position.

(ii) A law enforcement officer of a Michigan Indian tribal

police force.

(iii) The sergeant at arms or any assistant sergeant at arms of

either house of the legislature who is commissioned as a police

officer by that respective house of the legislature as provided by

the legislative sergeant at arms police powers act, 2001 PA 185,

MCL 4.381 to 4.382.

(iv) A law enforcement officer of a multicounty metropolitan

district.

(v) A county prosecuting attorney's investigator sworn and

fully empowered by the sheriff of that county.

(vi) Until December 31, 2007, a law enforcement officer of a

school district in this state that has a membership of at least

20,000 pupils and that includes in its territory a city with a

population of at least 180,000 as of the most recent federal

decennial census.

(vii) A fire arson investigator from a fire department within a

city with a population of not less than 750,000 who is sworn and

fully empowered by the city chief of police.

(viii) A security employee employed by the state pursuant to

section 6c of 1935 PA 59, MCL 28.6c.

(ix) A motor carrier officer appointed pursuant to section 6d

of 1935 PA 59, MCL 28.6d.

(x) A police officer or public safety officer of a community

college, college, or university who is authorized by the governing

board of that community college, college, or university to enforce

state law and the rules and ordinances of that community college,

college, or university.

(g) "Vehicle" means a conveyance of any kind, whether or not

motorized, that is designed to transport people or property.

Enacting section 1. This act takes effect October 1, 2006.

Enacting section 2. This act does not take effect unless all

of the following bills of the 93rd Legislature are enacted into

law:

(a) Senate Bill No. 1185.

(b) House Bill No. 5142.

(d) House Bill No. 5153.

(e) House Bill No. 5548.