Arkansas HB 1059 - Stand Your Ground


SECTION 1. Arkansas Code § 5-2-606 is amended to read as follows:

5-2-606. Use of physical force in defense of a person.
(a)(1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of force that he or she reasonably believes to be necessary.
(2) A person is justified in using physical force upon another person in defense of a person at any location where the person is lawfully present.

SECTION 2. Arkansas Code § 5-2-607 is amended to read as follows:
16 5-2-607. Use of deadly physical force in defense of a person.
(a) A person is justified in using deadly physical force upon another person if the person is justified in using physical force against another person under § 5-2-606 and the person reasonably believes that the other person is:
(1) Committing or about to commit a felony involving physical force or violence;
(2) Using or about to use unlawful deadly physical force; or
(3) Imminently endangering the person’s life or imminently about to victimize the person as described in § 9-15-103 from the continuation of a pattern of domestic abuse.
(b) A person’s belief under subsection (a) of this section is presumed to be reasonable if the person:
(1) Knew or had reason to believe that the person against whom the deadly physical force was used:
(A) Unlawfully and with physical force entered, or was attempting to enter unlawfully and with physical force, the person’s occupied dwelling, vehicle, or occupiable structure;
(B) Unlawfully and with physical force removed, or was attempting to remove unlawfully and with physical force, the person from the person’s dwelling, vehicle, or occupiable structure; or
(C) Was committing or attempting to commit a felony involving physical force or violence; and
(2) Did not provoke the person against whom the deadly physical force was used.
(c) A person who is lawfully present at the location where the deadly physical force is used, who has not provoked the person against whom the deadly physical force is used, and who is not engaged in criminal activity at the time the deadly physical force is used is not required to retreat before using deadly physical force as described in this section.
(d) In determining whether a person reasonably believed that the use of deadly physical force was necessary, a finder of fact may not consider whether the person failed to retreat.