2006 Senate Bill 1046 / Public Act 311

Authorize "stand your ground" self defense

Introduced in the Senate

Feb. 15, 2006

Introduced by Sen. Alan L. Cropsey (R-33)

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 a 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 Committee on Judiciary

May 18, 2006

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

June 6, 2006

Substitute offered

To replace the previous version of the bill with one that reflects that some provisions have been shifted to other bills in the package, and revises details that do not change the substance of the bill as previously described. The provision establishing that a law-abiding person who is attacked in a 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, is now in House Bill 5143.

The substitute passed by voice vote

Amendment offered by Sen. Gretchen Whitmer (D-23)

To establish that the presumption that a person who uses deadly force against a home intruder is acting reasonably does not apply if the target of the force is an individual who has been or was the victim of domestic violence perpetrated by the user of deadly force.

The amendment passed by voice vote

Amendment offered by Sen. Samuel B. Thomas (D-4)

To not name the main bill in the package the "Dr. Ossian Sweet Self Defense Act".

The amendment passed by voice vote

Passed in the Senate 30 to 8 (details)

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 exceptions specified in the bill. This would place the “home is my castle” doctrine in statute.

Received in the House

June 6, 2006

Referred to the Committee on Judiciary

June 14, 2006

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

June 27, 2006

Passed in the House 90 to 17 (details)

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 exceptions specified in the bill. This would place the “home is my castle” doctrine in statute.

Received in the Senate

June 28, 2006

June 29, 2006

Passed in the Senate 30 to 5 (details)

To concur with the House-passed version of the bill, which reflects the fact that some of the original provisions have been shifted to other bills in the package.

Signed by Gov. Jennifer Granholm

July 18, 2006