Indiana Bill On Resisting Police Wins Approval

[Silent_Bob]

http://www.wlky.com/r/30652146/detail.html

INDIANAPOLIS -- The Indiana Senate has approved a bill laying out when residents might be legally justified in using force against police officers.

The Senate voted 38-12 Friday night in favor of the bill that is in response to a public uproar over a state Supreme Court ruling that residents couldn't resist officers even during an illegal entry. The House later approved the bill 67-26, sending it to the governor.

Supporters said the proposal strengthens the legal rights of people against government agents improperly entering their homes. But police groups have said they worry about the bill giving people justification for attacking officers.

The measure specifies that people are protected by the state's self-defense law if they reasonably believe force is necessary to protect themselves from unlawful actions by an officer.

[KBCraig]

As I said in response to the same article, over on opencarry.org

Texas Penal Code 9.31, Self Defense:

(c)  The use of force to resist an arrest or search is justified:
(1)  if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search;  and
(2)  when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
(d)  The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

Sec. 9.32.  DEADLY FORCE IN DEFENSE OF PERSON.
(a)  A person is justified in using deadly force against another:
(1)  if the actor would be justified in using force against the other under Section 9.31; and
(2)   when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A)  to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B)  to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b)  The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1)  knew or had reason to believe that the person against whom the deadly force was used:
(A)  unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B)  unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment;


So, in Texas, you are justified to use force, but not deadly force, to resist an arrest or search if, before you offer any resistance, excessive force is used against you. You may use deadly force to resist an unlawful entry by force into your habitation, vehicle, or workplace; or, to resist being unlawfully and forcefully removed from your habitation, vehicle, or workplace.

Before doing so, I suggest talking with your loved ones, so that they may read PC 9.31 as your eulogy.

[Russell Kanning]

interesting