HOUSE BILL No. 5558

 

 

February 14, 2018, Introduced by Reps. Noble, Barrett, Marino, Johnson, Reilly, Glenn and Bizon and referred to the Committee on Judiciary.

 

     A bill to amend 2006 PA 309, entitled

 

"Self-defense act,"

 

(MCL 780.971 to 780.974) by adding section 2a; and to repeal acts

 

and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2a. (1) An individual who uses deadly force or force

 

other than deadly force in compliance with section 2 is justified

 

in such conduct and is immune from criminal prosecution and civil

 

liability for the use or threatened use of such force by the

 

individual, personal representative, or heirs of the individual

 

against whom the force was used or threatened, unless the

 

individual against whom force was used or threatened is a law

 

enforcement officer who was acting in the performance of his or her

 

official duties and the law enforcement officer identified himself

 

or herself in accordance with any applicable law or the individual


using or threatening to use force knew or reasonably should have

 

known that the individual was a law enforcement officer. As used in

 

this subsection, the term "criminal prosecution" includes

 

arresting, detaining in custody, and charging or prosecuting a

 

person.

 

     (2) If a prosecutor believes that an individual used deadly

 

force or force other than deadly force that was not justified under

 

section 2, the prosecutor may charge the individual with a crime

 

arising from that use of deadly force or force other than deadly

 

force and shall present evidence to the judge or magistrate at the

 

time of warrant issuance, at the time of any preliminary

 

examination, and at the time of any trial establishing that the

 

individual's actions were not justified under section 2. However,

 

once a prima facie claim of self-defense immunity from criminal

 

prosecution under this section has been raised by a defendant, the

 

burden of proof by clear and convincing evidence is on the party

 

seeking to overcome the immunity from criminal prosecution provided

 

in subsection (1).

 

     (3) As used in this section, "law enforcement officer" means

 

that term as defined in section 2 of the Michigan commission on law

 

enforcement standards act, 1965 PA 203, MCL 28.602.

 

     Enacting section 1. The following acts and parts of acts are

 

repealed:

 

     (a) 2006 PA 310, MCL 780.961.

 

     (b) 2006 PA 311, MCL 780.951.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.


     Enacting section 3. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5559 (request no.

 

04312'17 a) of the 99th Legislature is enacted into law.