This bill concerns the ability of a private individual to use force or detain another individual.
This bill:
- amends the circumstances under which a private individual may use force in defense of personal property;
- amends the circumstances under which a private individual may lawfully detain another individual, including removing the use of the term "arrest";
- provides a limitation on civil and criminal liability for a private individual who temporarily detains another individual under certain circumstances;
- amends the force in arrest statute to provide that the statute applies to law enforcement officers and creates a new statute for when force can be used by a private individual when making a temporary detention;
- amends procedures that govern the subsequent arrest and transportation of an individual who has been temporarily detained by another private individual;
- adds a coordination clause between this bill and S.B. 79, Technical Code Amendments, to provide that the changes to Section 77-7-3 will supersede the changes to that section in S.B. 79; and
- makes technical and conforming changes.
Statutes affected: Introduced: 77-7-3, 77-7-7, 77-7-23, 78B-6-1605, 80-6-201
Substitute #1: 76-2-406, 77-7-3, 77-7-7, 77-7-23, 78B-6-1605, 80-6-201
Substitute #2: 76-2-403, 76-2-406, 77-7-3, 77-7-7, 77-7-23, 78B-6-1605, 80-6-201