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 sub-
section (a) shall not apply if, under the circum-
stances as the defendant reasonably believes them to 
be, the person whom the defendant is seeking to pro-
tect would not be justified in using such protective 
force. 
‘‘(3) FELONY.—The defendant was attempting 
to commit, committing, or escaping after the com-
mission 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 Govern-
ment to prove beyond a reasonable doubt that the defend-
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ant did not reasonably believe that the use of such force 
was necessary to defend against what the defendant rea-
sonably 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 nec-
essary 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. 
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‘‘§ 30. Battered spouse defense 
‘‘(a) DEFENSE.—Evidence that the actor was suf-
fering from the battered spouse syndrome shall be admis-
sible 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 de-
fendant 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 psychi-
atrists 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 individ-
uals, who are neither employees nor contractors of the de-
partment 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 
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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 exam-
ined, the director, or his designee, shall determine the rea-
sonable time, place and conditions under which the exam-
ination shall be conducted. The order may include provi-
sions for the interview of witnesses. 
‘‘(c) EXCLUDING CERTAIN EVIDENCE.—No state-
ment made by the accused in the course of any such exam-
ination and no information received by any physician or 
other person in the course thereof, whether such examina-
tion was made with or without the consent of the accused 
or upon his motion or upon that of others, shall be admit-
ted 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 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘28. Defense of self or others. 
‘‘29. Defense of property. 
‘‘30. Battered spouse defense.’’. 
Æ 
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