Legislators postpone debate on self-defense bill

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A late amendment forced legislators Thursday to postpone debate of a bill that would increase self-defense rights in the state.

The state’s Judiciary and Ethics Committee was set Thursday to debate Assembly Bill 69, a measure that would add the presumption of innocence for individuals who use deadly force in self defense, but instead delayed discussion until Sept. 1.

Committee Chairman and State Rep. Jim Ott, R-Mequon, said an amendment to the bill presented Wednesday forced the postponement.

The amendment, presented by state Rep. Gary Hebl, D-Sun Prairie, and state Rep. Anthony Staskunas, D-West Allis, deletes the following language from the proposed legislation:

“In any civil action, if a court finds that a person is immune from civil liability under sub. (2), the court shall award the person reasonable attorney fees, costs, compensation for loss of income, and other costs of the litigation reasonably incurred by the person.”

Current self-defense laws state a person can use deadly force to defend themselves when it’s reasonable and used to prevent or stop an unlawful act. The proposed bill would require courtrooms to presume the person reasonably thought their life was in danger when claiming self defense.

The bill includes the following qualifiers:

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

• 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 do not apply, however, if the person using the force was engaged in a criminal activity or was using the residence to further a criminal activity; also if the person whom the force was used against had identified themselves to be a peace officer or should have been known to be one.

An individual using self defense would also be immune from civil liability under the proposed bill’s language.

State Rep. Dean Kaufert, R-Neenah, also submitted an amendment this week, expanding the bill’s language to include not only a dwelling, but also a motor vehicle or place of business.