An Act for Logical Use of Force

BE IT ENACTED BY THE CONGRESS HERE ASSEMBLED THAT:

Preamble: Understanding that agents of the state have different motivations and obligations for using deadly force as compared to civilians, and as such need different legal standards.

Section I: The Uniformed Control of Firearms Act shall be defined as: The Uniformed Control of Firearms Act

Section II: Section XV of the UCFA currently states: “Persons may use their legal (and or department provided) firearm, to act in self-defense or defense of another, or to use deadly force to prevent an escape of a fleeing suspect only if the individual has good-faith belief that the suspect poses a significant threat of death or serious physical injury. If a subject is fleeing from the scene or otherwise is no longer directly posing a threat, persons may still use lethal force on the pretense that the subject has the potential to, or reasonably may continue to pose such a threat to life as they were previously.”

Section III: Section XV of the UCFA shall now states: “Citizens may use their legal firearm, to act in self-defense or defense of another, or to use deadly force to prevent an escape of a fleeing criminal only if the individual has good-faith belief that the criminal poses a significant threat of death or serious physical injury. If a criminal is fleeing from the scene or otherwise is no longer directly posing a threat, citizens may still use lethal force on the condition that they reasonably believe the criminal shall continue to be a threat.

Section IV: Section XII of the UCFA shall now state: “Self defense shall be the act of employing force reasonable to the average person to stop or react to the harm of oneself when not in commission of a crime. Deadly force may only be employed by civilians in self defense to respond to a threat of serious bodily injury or death”

Section V: Section XIII of the UCFA shall now state: "Defense of another shall be the act of employing force reasonable to the average person to stop or react to the harm of another individual not in the commission of a crime. Deadly force may only be employed by a civilian in defense of another to respond to a threat of serious bodily injury or death.

Section VI: Law enforcement (including the National Guard) shall be empowered to use reasonable force in their official capacity to affect an arrest and to maintain public order, even deadly force. Law enforcement officers may use deadly force on another under the condition that:

  1. The individual presents an imminent threat of death or serious bodily injury to officers or the public.

  2. The individual is fleeing after the commission of a violent felony, or an attempt thereof.

  3. The individual is attempting to or has (and refuses to surrender) escape(d) from a correctional institution.

  4. The individual is attempting to unlawfully enter a property sensitive to the state as defined by law.

  5. The individual is armed with a deadly weapon and is likely to use said weapon to inflict death or serious bodily injury on another.

Section VII: In all cases in which the use of force by a law enforcement officer is being reviewed by a court, the court shall review such force to determine if it was objectively reasonable to use said force given the totality of the facts and circumstances facing the officer at the time of the use of force without regard for hindsight.

Section VIII: To employ such standard as described in Section VIII, the court shall determine if, using such standard, a reasonable officer of sound mind and training would have acted similarly. If it is determined they would have, the use of force is justified and immunity is granted to said officer for criminal liability from that use of force.

Section IX: This act shall go into immediate effect upon going through the necessary processes as defined by the Constitution.

Section X: The courts and all law enforcement agencies shall enforce this act.

Chief Sponsor:
idot_dannyboy, PPT

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