HOUSE
                       3rd Reading Unamended
       February 14, 2007       HOUSE
       Amended 2nd Reading
                     February 12, 2007First Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 07-0181.01 Richard Sweetman     HOUSE BILL 07-1011
                    HOUSE SPONSORSHIP
 Gardner C., 
 
                   SENATE SPONSORSHIP
 Harvey,  and Schultheis
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the use of physical force against a person who
            makes an unlawful entry into a place of business.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Creates a presumption that an occupant who uses deadly physical
       force against an intruder has a reasonable fear of imminent death or
       serious bodily injury to himself or herself or another person.  Sets forth
       conditions under which the presumption does not apply.
            Adds vehicles and places of business to the locations in which the
       presumption applies.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  18-1-704.5, Colorado Revised Statutes, is amended
       to read:
            18-1-704.5.  Use of deadly physical force against an intruder. 
       (1)  The general assembly hereby recognizes that the citizens of Colorado
       have a right to expect absolute safety within their own homes dwellings
       and places of business.
            (2)  Notwithstanding the provisions of section 18-1-704, any
       occupant of a dwelling or place of business, is justified in using any
       degree of physical force, including deadly physical force, against another
       person when that other person has made an unlawful entry into the
       dwelling or place of business, and when the occupant has a reasonable
       belief that such other person has committed a crime in the dwelling or
       place of business in addition to the uninvited entry, or is committing or
       intends to commit a crime against a person or property in addition to the
       uninvited entry, and when the occupant reasonably believes that such
       other person might use any physical force, no matter how slight, against
       any occupant.
            (3)  Any occupant of a dwelling or place of business using
       physical force, including deadly physical force, in accordance with the
       provisions of subsection (2) of this section shall be immune from
       criminal prosecution for the use of such force.
            (4)  Any occupant of a dwelling or place of business using
       physical force, including deadly physical force, in accordance with the
       provisions of subsection (2) of this section shall be immune from any
       civil liability for injuries or death resulting from the use of such force.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.