Stand Your Ground Act of 2023

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1445 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1445

   To amend title 18, United States Code, to provide an affirmative 
    defense for certain criminal violations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2023

  Mr. Mullin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to provide an affirmative 
    defense for certain criminal violations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stand Your Ground Act of 2023''.

SEC. 2. CERTAIN AFFIRMATIVE DEFENSES.

    (a) Affirmative Defense.--
            (1) In general.--Chapter 1 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 28. Affirmative defense for certain criminal violations
    ``(a) Definition.--In this section, the term `forcible felony' 
includes treason, murder, manslaughter, sexual battery, carjacking, 
home-invasion robbery, robbery, burglary, arson, kidnapping, aggravated 
assault, aggravated battery, aggravated stalking, aircraft piracy, 
unlawful throwing, placing, or discharging of a destructive device or 
bomb, and any other felony which involves the use or threat of physical 
force or violence against any individual.
    ``(b) Use or Threatened Use of Non-Deadly Force in Defense of 
Person.--
            ``(1) In general.--It shall be an affirmative defense to a 
        prosecution under this title that the defendant used, 
        threatened to use, or attempted to use force, except deadly 
        force, against an aggressor if, and to the extent that, the 
        defendant reasonably believed that the use, threat to use, or 
        attempt to use such force was necessary to defend the defendant 
        or another individual against the imminent use of unlawful 
        force by the aggressor.
            ``(2) No duty to retreat.--For purposes of paragraph (1), 
        an individual who is at risk of becoming a victim of a forcible 
        felony shall not be required to first seek retreat as the 
        preferred alternative to using force to act in self-defense.
    ``(c) Use or Threatened Use of Deadly Force in Defense of Person.--
            ``(1) In general.--It shall be an affirmative defense to a 
        prosecution under this title that the defendant used, 
        threatened to use, or attempted to use deadly force against an 
        aggressor if the defendant reasonably believed that the use, 
        threat to use, or attempt to use such force was necessary to--
                    ``(A) prevent imminent death or great bodily harm 
                to the defendant or another individual; or
                    ``(B) prevent the imminent commission of a forcible 
                felony.
            ``(2) No duty to retreat; right to stand your ground.--For 
        purposes of paragraph (1), an individual who is at risk of 
        becoming a victim of a forcible felony--
                    ``(A) shall not be required to first seek retreat 
                as the preferred alternative to using force to act in 
                self-defense; and
                    ``(B) may use any means necessary to defend himself 
                or herself if the individual--
                            ``(i) is not engaged in criminal activity; 
                        and
                            ``(ii) is in a place where the individual 
                        has a right to be.
    ``(d) Burden of Proof.--The defendant has the burden of proving a 
defense under this section by a preponderance of the evidence.''.
            (2) Table of sections.--The table of sections for chapter 1 
        of title 18, United States Code, is amended by adding at the 
        end the following:

``28. Affirmative defense for certain criminal violations.''.
    (b) Effective Date; Applicability.--The amendments made by 
subsection (a) shall--
            (1) take effect on the date of enactment of this Act; and
            (2) apply to any prosecution commenced after the date of 
        enactment of this Act.
                                 &lt;all&gt;
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