Public Act 309 of 2006

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• Introduced by Rep. Rick Jones (R) on September 7, 2005, to create a new law establishing that a person who uses deadly force for self defense in his or her home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that a person who unlawfully and forcibly enters one of these is presumed is to be doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute. Also, to establish that a law-abiding person who is attacked in any other place where he or she has a right to be, has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm.
  • Referred to the House Judiciary Committee on September 7, 2005.
    • Reported in the House on April 19, 2006, with the recommendation that the substitute (H-4) be adopted and that the bill then pass.
  • Substitute offered in the House on April 25, 2006, to replace the previous version of the bill with one that does not presume that a person who breaks and enters into a dwelling or occupied vehicle is presumed to be doing so with the intent to committ an unlawful or violent act, and thus may me shot without first retreating. Instead, bill instead establishes a rebuttable presumption that this is the case. The substitute passed in the House by voice vote on April 25, 2006.
  • Amendment offered by Rep. Rick Jones (R) on April 25, 2006, to remove provision that a person who breaks and enters into a dwelling or occupied vehicle is presumed to be doing so with the intent to committ an unlawful or violent act. The bill instead establishes a rebuttable presumption that this is the case. The amendment passed in the House by voice vote on April 25, 2006.
  • Amendment offered by Rep. Rick Jones (R) on April 25, 2006, to name the bill the "Dr. Ossian Sweet self-defense act". The amendment passed in the House by voice vote on April 25, 2006.
• Passed in the House (90 to 16) on April 25, 2006, to create a new law establishing that a person who uses deadly force for self defense in his or her home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that there is a rebuttable presumption that a person who unlawfully and forcibly enters one of these is doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute. Also, to establish that a law-abiding person who is attacked in any other place where he or she has a right to be, has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm. [Vote Details and Comments]
• Received in the Senate on April 26, 2006.
  • Referred to the Senate Judiciary Committee on April 26, 2006.
    • Reported in the Senate on May 18, 2006, with the recommendation that the substitute (S-2) be adopted and that the bill then pass.
  • Substitute offered in the Senate on June 6, 2006, to replace the previous version of the bill with one that reflects that its home defense provisions are now in Senate Bill 1046. The substitute passed in the Senate by voice vote on June 6, 2006.
  • Amendment offered by Sen. Samuel B. Thomas, III (D) on June 6, 2006, to not name the main bill in the package the "Dr. Ossian Sweet Self Defense Act". The amendment passed in the Senate by voice vote on June 6, 2006.
• Passed in the Senate (28 to 10) on June 6, 2006, to establish that a law-abiding person who is attacked in any place where he or she has a right to be has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm. See also Senate Bill 1046, which places the "castle docrine" regarding home defense in law. [Vote Details and Comments]
• Received in the House on June 6, 2006.
• Passed in the House (90 to 17) on June 27, 2006, to establish that a law-abiding person who is attacked in any place where he or she has a right to be has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm. See also Senate Bill 1046, which places the "castle docrine" regarding home defense in law. [Vote Details and Comments]
• Signed by Gov. Jennifer Granholm on July 18, 2006.