21.0354.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1193
of North Dakota
Introduced by
Representatives Magrum, Becker, Christensen, Ertelt, Fegley, Jones, Kading, Kiefert
Senators Clemens, Heitkamp, D. Larsen, Vedaa
1 A BILL for an Act to amend and reenact section 12.1-05-07 of the North Dakota Century Code,
2 relating to limits on the use of force and deadly force.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 12.1-05-07 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 12.1-05-07. Limits on the use of force - Excessive force - Deadly force.
7 1. An individual is not justified in using more force than is necessary and appropriate
8 under the circumstances.
9 2. Deadly force is justified in the following instances:
10 a. When it is expressly authorized by law or occurs in the lawful conduct of war.
11 b. When used in lawful self-defense, or in lawful defense of others, if such force is
12 necessary to protect the actor or anyone else against death, serious bodily injury,
13 or the commission of a felony involving violence. The use of deadly force is not
14 justified if it can be avoided, with safety to the actor and others, by retreat or
15 other conduct involving minimal interference with the freedom of the individual
16 menaced. An individual seeking to protect another individual must, before using
17 deadly force, try to cause the other individual to retreat, or otherwise comply with
18 the requirements of this provision, if safety can be obtained thereby. However, the
19 duty to retreat or avoid force does not apply under the following circumstances:
20 (1) A public servant justified in using force in the performance of the public
21 servant's duties or an individual justified in using force in assisting the public
22 servant need not desist from the public servant's or individual's efforts
23 because of resistance or threatened resistance by or on behalf of the other
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1 individual against whom the public servant's or individual's action is
2 directed; and
3 (2) An individual is not required to retreat within or from that individual's
4 dwelling or place of work or from an occupied motor home or travel trailer as
5 defined in section 39-01-01, unless the individual was the original aggressor
6 or is assailed by another individual who the individual knows also dwells or
7 works there or who is lawfully in the motor home or travel trailer.
8 c. When used by an individual in possession or control of a dwelling, place of work,
9 or an occupied motor home or travel trailer as defined in section 39-01-01, or by
10 an individual who is licensed or privileged to be there, if the force is necessary to
11 prevent commission of arson, burglary, robbery, or a felony involving violence
12 upon or in the dwelling, place of work, or occupied motor home or travel trailer,
13 and the use of force other than deadly force for these purposes would expose
14 any individual to substantial danger of serious bodily injury.
15 d. When used by a public servant authorized to effect arrests or prevent escapes, if
16 the force is necessary to effect an arrest or to prevent the escape from custody of
17 an individual who has committed or attempted to commit a felony involving
18 violence, or is attempting to escape by the use of a deadly weapon, or has
19 otherwise indicated that the individual is likely to endanger human life or to inflict
20 serious bodily injury unless apprehended without delay.
21 e. When used by a guard or other public servant, if the force is necessary to prevent
22 the escape of a prisoner from a detention facility, unless the guard or public
23 servant knows that the prisoner is not an individual as described in subdivision d.
24 A detention facility is anya place used for the confinement, pursuant to a court
25 order, of an individual charged with or convicted of an offense, charged with
26 being or adjudicated a juvenile delinquent, held for extradition, or otherwise
27 confined under court order.
28 f. When used by a duly licensed physician, or an individual acting at the physician's
29 direction, if the force is necessary to administer a recognized form of treatment to
30 promote the physical or mental health of a patient and if the treatment is
31 administered in an emergency; with the consent of the patient, or, if the patient is
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1 a minor or an incompetent person, with the consent of the patient's parent,
2 guardian, or other person entrusted with the patient's care and supervision; or by
3 order of a court of competent jurisdiction.
4 g. When used by an individual who is directed or authorized by a public servant,
5 and who does not know that the public servant is not authorized to use deadly
6 force under the circumstances.
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Statutes affected: INTRODUCED: 12.1-05-07