2005 House Bill 5153 / 2006 Public Act 310

Repeal “duty to retreat” in home self defense

Introduced in the House

Sept. 8, 2005

Introduced by Rep. Leslie Mortimer (R-65)

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

April 19, 2006

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

April 25, 2006

Substitute offered

To replace the previous version of the bill with one that uses this bill as the "vehicle" to establish immunity from criminal prosecution and from any civil action for the use of force as authorized by House Bill 5143, which now contains the original provisions of this bill.

The substitute passed by voice vote

Amendment offered by Rep. Alexander Lipsey (D-60)

To strip out the immunity from criminal prosecution the bill proposes.

The amendment failed by voice vote

Passed in the House 90 to 16 (details)

To establish that a person who uses force as specified in the bill would be justified and immune from criminal prosecution and any civil action for the use of that force, unless the person against whom force was used was a law enforcement officer who was acting in the performance of official duties and identified himself or herself in accord with the law. This would place the “home is my castle” doctrine in statute.

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 details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

June 7, 2006

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

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 28 to 10 (details)

To establish that a person who uses force as specified in the bill would be justified and immune from criminal prosecution and any civil action for the use of that force, unless the person against whom force was used was a law enforcement officer who was acting in the performance of official duties and identified himself or herself in accord with the law. This would place the “home is my castle” doctrine in statute.

Received in the House

June 7, 2006

June 27, 2006

Passed in the House 90 to 17 (details)

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

Signed by Gov. Jennifer Granholm

July 18, 2006

To establish that a person who uses force as specified in the bill would be justified and immune from criminal prosecution and any civil action for the use of that force, unless the person against whom force was used was a law enforcement officer who was acting in the performance of official duties and identified himself or herself in accord with the law. This would place the “home is my castle” doctrine in statute.