Second Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 08-0094.01 Richard Sweetman     HOUSE BILL 08-1066
                    HOUSE SPONSORSHIP
 Gardner C.,  Balmer, Gardner B., Garza-Hicks, Lambert, Liston, Looper, Marostica,
 McFadyen, McNulty, Sonnenberg, and Summers
 
                   SENATE SPONSORSHIP
 Harvey,  Brophy, Cadman, Penry, 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.)
       
            Extends the conditions under which an occupant may use deadly
       physical force against an intruder to include places of business as well as
       dwellings.
       
       
       
       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 within 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 the 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
       the 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.  Effective date.  This act shall take effect at 12:01
       a.m. on the day following the expiration of the ninety-day period after
       final adjournment of the general assembly that is allowed for submitting
       a referendum petition pursuant to article V, section 1 (3) of the state
       constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008);
       except that, if a referendum petition is filed against this act or an item,
       section, or part of this act within such period, then the act, item, section,
       or part, if approved by the people, shall take effect on the date of the
       official declaration of the vote thereon by proclamation of the governor.