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Legislation


1998 Regular Session

HOUSE BILL 1249

File Code: Criminal Law - Procedure
Sponsored By:
Delegates Schade, Baldwin, M. Burns, Ports, and Rzepkowski
Entitled:
Homicide - Use of Deadly Force in Residence - Defense

Synopsis:

Establishing that a person who uses deadly force or force likely to cause death within the person's residence is presumed to have held a reasonable fear of imminent peril of death or serious physical injury to the person or a member of the person's family or household, if the force is used against another who unlawfully and forcibly enters or has entered the person's residence; and providing that a person is not civilly liable for any act or omission in protecting or attempting to protect the person or a member of the person's family or household.

History by Legislative Date

House Action
2/13
First Reading Judiciary
2/18
Hearing 3/10 at 1:00 p.m.
3/16
Unfavorable Report by Judiciary
Senate Action
No Action
Sponsored by:
Delegate Victoria L. Schade, District 31
Delegate Robert C. Baldwin, District 33
Delegate Michael W. Burns, District 32
Delegate James F. Ports, Jr., District 8
Delegate James E. Rzepkowski, District 32
Bill indexed under the following Subjects:
CIVIL ACTIONS -see also- SMALL CLAIMS
CRIMES AND PUNISHMENTS -see also- PENALTIES; SENTENCES
LIABILITY -see also- GOOD SAMARITAN
MURDER
SELF DEFENSE
Bill affects the following Statute:
Article - 27 Crimes and Punishments
( 415A )

Documents:

Bill Text: First Reading (PDF), Third Reading, Enrolled
Fiscal Note: Available (PDF)

Amendments: None offered
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