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repealed: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.