Proposed legislation could refine state self-defense standards

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A state Assembly committee will consider self-defense standards as part of proposed bill up for debate Thursday.

Under current law, individuals can only use force in defending themselves or another person when it’s reasonable and used to prevent or stop an unlawful act.

Assembly Bill 69 would clarify that further and require courtrooms to presume the person reasonably thought he or she would be greatly harmed or killed when self defense is used. Qualifiers would include:

• The individual whom the force was used against had, or was in the process of, unlawfully and forcibly entering a residence; and

• the person using the force was in the residence and was aware that an unlawful entrance had occurred or was in the process of occurring.

The provisions would not apply, however, in the following situations:

• If the person using the force was engaged in a criminal activity or was using the residence to further a criminal activity; and

• if the person whom the force was used against had identified themselves as a peace office, or should have been known to be one.

Under the proposed bill’s language, an individual found to be acting in self defense would also be immune from civil liability.

The state Assembly’s Judiciary and Ethics Committee is scheduled to discuss the measure at 11 a.m. Thursday.

VIEW WORDING OF THE BILL,
AS INTRODUCED MARCH 30

While the bill’s original draft merely covers residences, on Tuesday, state Rep. Dean Kaufert, R-Neenah, submitted an amendment expanding the language to include not only a dwelling, but also a motor vehicle or place of business.

For more information about which state organizations support or oppose the proposed legislation, visit http://ethics.state.wi.us/scripts/currentSession/LegProps.asp?key=REGAB69.