PRINTER'S NO. 23
No. 31 Session of 2001
INTRODUCED BY DENT, HELFRICK, STOUT, BELL, COSTA, ROBBINS, ARMSTRONG, PUNT, WAUGH, RHOADES AND CORMAN, JANUARY 22, 2001
REFERRED TO JUDICIARY, JANUARY 22, 2001
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for use of force to 3 protect property. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 507(c)(4) of Title 18 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 507. Use of force for the protection of property. 9 * * * 10 (c) Limitations on justifiable use of force.-- 11 * * * 12 (4) (i) The use of deadly force is justifiable under 13 this section if: 14 (A) there has been an entry or attempted entry 15 into the actor's dwelling; 16 (B) the actor neither believes nor has reason to 17 believe that the entry or attempted entry is lawful; 18 and
1 (C) the actor neither believes nor has reason to 2 believe that force less than deadly force would be 3 adequate to terminate: 4 (I) the entry or attempted entry into the 5 actor's dwelling; or 6 (II) the presence, by the person against 7 whom force is used, on the actor's property. 8 (ii) If the conditions of justification provided in 9 subparagraph (i) have not been met, the use of deadly 10 force is not justifiable under this section unless the 11 actor believes that: 12 (A) the person against whom the force is used is 13 attempting to dispossess [him] the actor of [his] the 14 actor's dwelling otherwise than under a claim of 15 right to its possession; [or] 16 (B) such force is necessary to prevent the 17 commission of a felony in the dwelling; or 18 (C) such force is necessary to prevent the 19 person against whom the force is used from fleeing 20 immediately after committing a felony on the actor's 21 property. 22 * * * 23 Section 2. This act shall take effect in 60 days. L8L18MSP/20010S0031B0023 - 2 -