2005 House Bill 5142 / 2006 Public Act 313

Repeal “duty to retreat” in home self defense

Introduced in the House

Sept. 7, 2005

Introduced by Rep. Tom Casperson (R-108)

To establish in law that a person who uses deadly force for self defense in his or her home or contiguous private property need not first flee from a threatening attacker.

Referred to the Committee on Judiciary

April 19, 2006

Reported without amendment

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

April 25, 2006

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Tom Casperson (R-108)

To clarify language in a provision contained in the bill in a way that does not change the substance of the provision.

The amendment passed by voice vote

Passed in the House 91 to 15 (details)

To establish in law that a person who uses deadly force for self defense in his or her home or contiguous private property need not first flee from a threatening attacker. See also Senate Bill 1046.

Received in the Senate

April 26, 2006

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 revises various details but does not change its substance as previously described, and tie bars it to Senate Bill 1046, which establishes the presumption that deadly force may be used against a home intruder. This bill now contains the definition of "dwelling," which includes the "curtillage" or grounds, garage, outbuildings, etc.

The substitute 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

June 7, 2006

Passed in the Senate 27 to 10 (details)

To establish in law that a person who uses deadly force for self defense in his or her home or contiguous private property need not first flee from a threatening attacker. See also Senate Bill 1046.

Received in the House

June 7, 2006

June 27, 2006

Passed in the House 91 to 16 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

July 18, 2006