OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 62 Bill Analysis
135th General Assembly
Click here for H.B. 62’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Humphrey
Effective Date:
Shalanda Plowden, Research Analyst
SUMMARY
 Limits the locations where a person has no duty to retreat before using force in
self-defense, defense of another, or defense or that person’s residence.
 Removes the prohibition against a trier of fact considering the possibility of retreat
when determining self-defense.
DETAILED ANALYSIS
Duty to retreat
For purposes of a tort action or a criminal offense, the bill limits the locations in which a
person does not have a duty to retreat before using force in self-defense, defense of another,
or defense of that person’s residence. Under the bill, a person has no duty to retreat before
using force in self-defense, defense of another, or defense of that person’s residence, if the
person lawfully is in that person’s residence, and, if the person lawfully is an occupant of that
person’s vehicle or lawfully is an occupant in a vehicle owned by an immediate family member
of the person, the person has no duty to retreat before using force in self-defense or defense of
another. Under existing law, a person has no duty to retreat before using force in self-defense,
defense of another, or defense of that person’s residence if that person is in a place in which
the person lawfully has a right to be.1
The bill also removes a prohibition against a trier of fact considering the possibility of
retreat as a factor in determining whether or not a person who used force in self-defense,
1 R.C. 2307.601(B) and 2901.09(B).
June 8, 2023
Office of Research and Drafting LSC Legislative Budget Office
defense of another, or defense of that person’s residence reasonably believed that the force
was necessary to prevent injury, loss, or risk to life or safety.2
Burden of proof
Continuing law specifies that if, at the trial of a person who is accused of an offense that
involved the person’s use of force against another, there is evidence presented that tends to
support that the accused used the force in self-defense, defense of another, or defense of the
person’s residence, the prosecution must prove beyond a reasonable doubt that the accused
person did not use the force in self-defense, defense of another, or defense of that person’s
residence. The bill removes a clarification that that burden of proof referred to is the burden of
proof “presented” in R.C. 2901.05(B)(1).3
Effect of the bill
Overall, the changes made by the bill reinstate the law as it was prior to the enactment
of Am. S.B. 175 of the 133rd General Assembly, which went into effect on April 6, 2021.
HISTORY
Action Date
Introduced 02-21-23
ANHB0062IN-135/ts
2 R.C. 2307.601(C) and 2901.09(C).
3 R.C. 2901.05(A).
P a g e |2 H.B. 62
As Introduced


Statutes affected:
As Introduced: 2307.601, 2901.05, 2901.09