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Second Regular Session
Sixty-first General Assembly
LLS NO. 980249.01 JBB
HOUSE BILL 981138
STATE OF COLORADO
BY REPRESENTATIVE Arrington;
also SENATOR Chlouber. REENGROSSED
A BILL FOR AN ACT
CONCERNING THE EXPANSION OF THE DEFINITION OF UNLAWFUL
ENTRY WHEN A PERSON IS IMMUNE FOR THE USE OF FORCE AGAINST AN
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Clarifies that a person shall be immune from criminal
and civil liability for the use of physical force against an intruder
if the intruder enters or remains in a dwelling when the intruder
is not licensed, invited, or otherwise privileged to do so.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 181704.5 (2), Colorado Revised Statutes, is amended to read:
181704.5. Use of deadly physical force against an intruder. (2) Notwithstanding the provisions of section 181704, any occupant of a dwelling 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, WHETHER KNOWINGLY OR UNKNOWINGLY, into the dwelling and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling 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.
SECTION 2. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to incidents occurring on or after said date.
SECTION 3. 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.