H.B. 114 Self-Defense Amendments

This Bill passed the 2019 Legislative Session, signed into law by Governor Herbert and effective as of May 14th, 2019

H.B. 114 Self-Defense Amendments

Section Affected:
U.C.A. 76-2-402.  Force in defense of person — Forcible felony defined.
U.C.A. 76-10-506.  Threatening with or using dangerous weapon in fight or quarrel.

Under this Bill it would change the wording of 76-2-402 and clarify that an individual does not have a duty to retreat even if safety could be achieved by retreating and the individual’s failure to retreat is not a relevant factor in determining whether the individual who used or threatened force acted reasonably.

Under current law, a person does not have a duty to retreat but the prosecutor could argue that the use of force was unreasonable if the person could have retreated and chosen not to.

 We Support This Bill

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