HB2323112th GA (Historical)Introduced

Amends TCA Title 39, Chapter 11, Part 6.

Present law authorizes a private citizen, in making an arrest authorized by law, to use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes. This bill changes present law so that a private citizen making an arrest may threaten deadly force without having a reasonable belief of imminent danger of death, serious bodily injury, or grave sexual abuse based on an actual danger. In order to use deadly force, the elements for self-defense or defense of another would still have to be present.

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Overview

Present law authorizes a private citizen, in making an arrest authorized by law, to use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes. This bill changes present law so that a private citizen making an arrest may threaten deadly force without having a reasonable belief of imminent danger of death, serious bodily injury, or grave sexual abuse based on an actual danger. In order to use deadly force, the elements for self-defense or defense of another would still have to be present.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 1, 2022

Subjects
12151210

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HB2323: Amends TCA Title 39, Chapter 11, Part 6. | LegisGo