American Family and Private Property Defense Act

To establish defenses against crimes of violence, and for other purposes. 1. Short title This Act may be cited as the American Family and Private Property Defense Act 2. Defenses against crimes of violence (a) In general Chapter 1 28. Defense of self or others (a) Defense (1) Justifiable use of force It is an affirmative defense against any charge for a crime of violence that the defendant only used physical force upon another person to the extent that the defendant reasonably believed such force to be necessary to defend the defendant or a third person from what the defendant reasonably believes to be the use or imminent use of unlawful force by such other person. (2) Justifiable use of deadly force It is an affirmative defense against any charge for a crime of violence that the defendant only used deadly force upon another person— (A) to the extent that the defendant reasonably believed such force to be necessary to defend the defendant or a third person from what the defendant reasonably believes to be the use or imminent use of unlawful force by such other person; (B) if such person unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or (C) if such person unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section. (3) No duty to retreat The defendant has no duty to retreat— (A) from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining; (B) from private property that is owned or leased by such individual; or (C) if the defendant is in any other location such defendant has the right to be. (b) Application (1) In general A defense under subsection (a) shall not apply if the defendant is the initial aggressor, unless— (A) the defendant has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; (B) the defendant is a law enforcement officer; or (C) the aggressor’s actions are justified under any other provision of law. (2) Third party A defense under subsection (a) shall not apply if, under the cir­cum­stances as the defendant reasonably believes them to be, the person whom the defendant is seeking to protect would not be justified in using such protective force. (3) Felony The defendant was attempting to commit, committing, or escaping after the commission of a forcible felony. (c) Physical restraint The defenses under this section shall extend to the use of physical restraint as protective force provided that the defendant takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so. (d) Burden The defendant shall have the burden of raising any defense under this section. If a defendant asserts that defendant’s use of force is described under subsection (a)(2), the burden shall then be on the Government to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what the defendant reasonably believed was the use or imminent use of unlawful force. 29. Defense of property (a) Defense It is an affirmative defense against any charge for a crime of violence that the defendant only used physical force upon another person to the extent that the defendant reasonably believed such force to be necessary to prevent what the defendant reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree. (b) Application A defense under subsection (a) shall not apply if the defendant uses deadly force unless authorized under subsection (a). (c) Physical restraint The defenses under this section shall extend to the use of physical restraint as protective force provided that the defendant takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so. (d) Burden The defendant shall have the burden of raising any defense under this section. 30. Battered spouse defense (a) Defense Evidence that the actor was suffering from the battered spouse syndrome shall be admissible upon the issue of whether the actor lawfully acted in self-defense or defense of another. (b) Procedure If the defendant proposes to offer evidence of the battered spouse syndrome, the defendant shall file written notice thereof with the court in advance of trial. Thereafter, the court, upon motion of the Government, shall appoint one or more private psychiatrists or psychologists or physicians with a minimum of one year of training or experience in providing treatment or services to intellectually disabled or mentally ill individuals, who are neither employees nor contractors of the department of mental health for the purposes of performing the examination in question, to examine the accused, or shall direct the director of the department of mental health, or his designee, to have the accused so examined by one or more psychiatrists or psychologists or physicians with a minimum of one year of training or experience in providing treatment or services to intellectually disabled or mentally ill individuals designated by the director, or his designee, for the purpose of examining the defendant. No private psychiatrist, psychologist, or physician shall be appointed by the court unless he has consented to act. The examinations ordered shall be made at such time and place and under such conditions as the court deems proper, except that if the order directs the director of the department of mental health to have the accused examined, the director, or his designee, shall determine the reasonable time, place and conditions under which the examination shall be conducted. The order may include provisions for the interview of witnesses. (c) Excluding certain evidence No statement made by the accused in the course of any such examination and no information received by any physician or other person in the course thereof, whether such examination was made with or without the consent of the accused or upon his motion or upon that of others, shall be admitted in evidence against the accused on the issue of whether he committed the act charged against him in any criminal proceeding then or thereafter pending in any Federal court. . (b) Clerical amendment The table of sections for chapter 1 28. Defense of self or others. 29. Defense of property. 30. Battered spouse defense. .

Summary: American Family and Private Property Defense Act This bill establishes various defenses a defendant charged with a crime of violence may assert and contains other related provisions. It shall be an affirmative defense if the defendant used force, including deadly force, against another person if the defendant reasonably believed such force was necessary to defend the defendant or a third party from what the defendant reasonably believed was the person's use (or imminent use) of unlawful force. (An affirmative defense allows a defendant to escape criminal liability, but the defendant has the burden to prove that the defendant is entitled to the defense.) A defendant who used deadly force may also assert this defense if the force was used against a person who unlawfully enters, attempts to unlawfully enter, or remains after unlawfully entering the private property lawfully occupied by a third party. If such a defendant was the initial aggressor, the defendant may still assert this affirmative defense in certain instances. A defendant has no duty to retreat from any location where the defendant has a right to be. The bill also establishes an affirmative defense for a defendant who used physical force on another to the extent the defendant reasonably believed such force was necessary to prevent what the defendant reasonably believed to be the commission or attempted commission of theft or damage of property. Evidence of a defendant suffering from battered spouse syndrome shall be admissible as to the issue of whether the defendant lawfully acted in self-defense or defense of another.