Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1526
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 By: Representative Pilkington
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                                    For An Act To Be Entitled
                 AN ACT CONCERNING THE DEFENSE OF A PERSON WITH THE
                 USE OF PHYSICAL FORCE OR DEADLY PHYSICAL FORCE; AND
                 FOR OTHER PURPOSES.
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                                               Subtitle
                         CONCERNING THE DEFENSE OF A PERSON WITH
                         THE USE OF PHYSICAL FORCE OR DEADLY
                         PHYSICAL FORCE.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code  5-2-606 is amended to read as follows:
        5-2-606.       Use of physical force in defense of a person.
        (a)(1)       A person is justified in using physical force upon another
 person to defend himself or herself or a third person from what the person
 reasonably believes to be the use or imminent use of unlawful physical force
 by that other person, and the person may use a degree of physical force that
 he or she reasonably believes to be necessary.
                 (2)     However, the person may not use deadly physical force except
 as provided in  5-2-607.
        (b)    A person is not justified in using physical force upon another
 person if:
                 (1)     With purpose to cause physical injury or death to the other
 person, the person provokes the use of unlawful physical force by the other
 person;
                 (2)(A)         The person is the initial aggressor.
                          (B)    However, the initial aggressor's use of physical force
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 upon another person is justifiable if:
                               (i)    The initial aggressor in good faith withdraws
 from the encounter and effectively communicates to the other person his or
 her purpose to withdraw from the encounter; and
                               (ii)   The other person continues or threatens to
 continue the use of unlawful physical force; or
                (3)    The physical force involved is the product of a combat by
 agreement not authorized by law.
          (c)   A person who uses or threatens to use physical force as otherwise
 permitted under this subchapter does not have a duty to retreat before using
 or threatening to use the physical force if the person is:
                (1)    Lawfully present in the location;
                (2)    Not engaged in criminal activity that gives rise to the need
 to use physical force; and
                (3)    Not engaged in any activity in furtherance of a criminal
 gang, organization, or enterprise as defined under  5-74-103.
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          SECTION 2.     Arkansas Code  5-2-607 is amended to read as follows:
          5-2-607.    Use of deadly physical force in defense of a person.
          (a)   A person is justified in using deadly physical force upon another
 person if the person reasonably believes that the other person is:
                (1)    Committing or about to commit a felony involving physical
 force or violence;
                (2)    Using or about to use unlawful deadly physical force; or
                (3)    Imminently endangering the person's life or imminently about
 to victimize the person as described in  9-15-103 from the continuation of a
 pattern of domestic abuse.
          (b)   A person may not use deadly physical force in self-defense if the
 person knows that he or she can avoid the necessity of using deadly physical
 force:
                (1)(A)     By retreating.
                         (B)   However, a person is not required to retreat if the
 person is:
                               (i)    Unable to retreat with complete safety;
                               (ii)   In the person's dwelling or on the curtilage
 surrounding the person's dwelling and was not the original aggressor; or
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                                                                                 HB1526
                            (iii)   A law enforcement officer or a person
 assisting at the direction of a law enforcement officer; or
               (2)   With complete safety by surrendering possession of property
 to a person claiming a lawful right to possession of the property.
      (b)   A person is not required to retreat before using deadly physical
 force if the person:
               (1)   Is lawfully present at the location where deadly physical
 force is used;
               (2)   Has a reasonable belief that the person against whom the
 deadly physical force is used is imminently threatening to cause death or
 serious physical injury to the person or another person;
               (3)   Except as provided under  5-2-606(b)(2)(B), is not the
 initial aggressor and has not provoked the person against whom the deadly
 physical force is used;
               (4)   Is not committing a felony offense of possession of a
 firearm by certain persons,  5-73-103, with the firearm used to employ the
 deadly physical force, unless the person is in or at the persons dwelling or
 in the curtilage surrounding the persons dwelling;
               (5)   Is not engaged in criminal activity that gives rise to the
 need for the use of deadly physical force at the time the deadly physical
 force is used; and
               (6)   Is not engaged in any activity in furtherance of a criminal
 gang, organization, or enterprise as defined in  5-74-103.
      (c)   As used in this section:
               (1)   Curtilage means the land adjoining a dwelling that is
 convenient for residential purposes and habitually used for residential
 purposes, but not necessarily enclosed, and includes an outbuilding that is
 directly and intimately connected with the dwelling and in close proximity to
 the dwelling; and
               (2)   Domestic abuse means:
                      (A)   Physical harm, bodily injury, assault, or the
 infliction of fear of imminent physical harm, bodily injury, or assault
 between family or household members; or
                      (B)   Any sexual conduct between family or household
 members, whether minors or adults, that constitutes a crime under the laws of
 this state.
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          SECTION 3.     Arkansas Code  5-2-615 is amended to read as follows:
          5-2-615.    Use of physical force by a pregnant woman in defense of her
 unborn child.
          (a)   As used in this section:
                (1)    Pregnant means the female reproductive condition of having
 an unborn child in the female's body; and
                (2)    Unborn child means the offspring of human beings from
 conception until birth.
          (b)   A pregnant woman is justified in using physical force or deadly
 physical force against another person to protect her unborn child if, under
 the circumstances as the pregnant woman reasonably believes them to be, she
 would be justified under  5-2-606 or  5-2-607 in using physical force or
 deadly physical force to protect herself against the unlawful physical force
 or unlawful deadly physical force she reasonably believes to be threatening
 her unborn child.
          (c)   The justification for using physical force or deadly physical
 force against another person to protect a pregnant woman's unborn child is
 not available if:
                (1)    The the use of the physical force or deadly physical force
 for protection was used by a person other than the pregnant woman; or
                (2)(A)     The use of the deadly physical force for protection would
 not be allowed under  5-2-607(b).
                         (B)   However, the pregnant woman is not obligated to
 retreat or surrender possession of property as described in  5-2-607(b)
 unless the pregnant woman knows she can avoid the necessity of using deadly
 physical force and simultaneously ensure the complete safety of her unborn
 child.
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