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HB1415 Castle Doctrine

peter nap

peter nap

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I think this bill must have been written in crayon. I sure hope VCDL doesn't support it and end up with egg on their faces again.

HB 1415 Self-defense and defense of others; encodes version of "castle doctrine."
Anne B. Crockett-Stark | all patrons ... notes | add to my profiles		 another bill? Log in LIS Home - - - - - - - - - - - - - - Bills & Resolutions Members Committees Meetings Calendars Communications Minutes Statistics Lobbyist-in-a-Box
Summary as introduced:
Castle doctrine. Encodes a version of the "castle doctrine," allowing the use of physical force, including deadly force, by a person in his dwelling against an intruder in the dwelling who has committed an overt act against him or another person who is lawfully in the dwelling, without civil liability and without limit to any other existing defense or immunity.Full text:
12/18/12 House: Prefiled and ordered printed; offered 01/09/13 13100740D pdf

Status:
12/18/12 House: Prefiled and ordered printed; offered 01/09/13 13100740D
12/18/12 House: Referred to Committee for Courts of Justice


 
peter nap

peter nap

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roscoe13 said:
Don't hold your breath...

It wouldn't be nearly as bad if only it said "or (ii)"

Roscoe
Click to expand...

If you sit down and dissect it, there are a lot of problem, one of the biggest ones is that it dilutes Common Law.
Delegate Crocket-Stark (I hate it when women use two names) ain't talking .....yet!
 
2a4all

2a4all

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I could live with it if:

"(i) the other person has unlawfully entered the dwelling and has committed an overt act toward the occupant or another person in the dwelling..." were changed to "... and has committed or threatened to commit...".

It does raise questions about limiting self defense actions to one's home (v garage, porch or patio, etc.), but it doesn't prohibit them.

I like the immunity provision, though.
 
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peter nap

peter nap

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2a4all said:
I could live with it if:

"(i) the other person has unlawfully entered the dwelling and has committed an overt act toward the occupant or another person in the dwelling..." were changed to "... and has committed or threatened to commit...".

I like the immunity provision.
Click to expand...

Except it won't exist in the real world. It's only wax fruit on the table.
 
C

cjakesnyder1988

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peter nap said:
Except it won't exist in the real world. It's only wax fruit on the table.
Click to expand...



" Common law " in Virginia? I thought VA's current lethal force law was that you ahve to prove you were in fear for your life. I may be mistaking but this new bill sounds better than having to prove I was so afraid I had to kill them
 
peter nap

peter nap

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cjakesnyder1988 said:
" Common law " in Virginia? I thought VA's current lethal force law was that you ahve to prove you were in fear for your life. I may be mistaking but this new bill sounds better than having to prove I was so afraid I had to kill them
Click to expand...

Yes, common law in Virginia.
This is an extremely complex issue and the resident expert is User. He's the Attorney that's written the most acceptable Castle Doctrine bill to date. It has yet to be submitted but will at some point.

To be technical....This new bill sucks.
It's poorly written, shallow, restricting and dangerous.
 
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Grapeshot

Grapeshot

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peter nap said:
Yes, common law in Virginia.
This is an extremely complex issue and the resident expert is User. He's the Attorney that's written the most acceptable Castle Doctrine bill to date. It has yet to be submitted but will at some point.

To be technical....This new bill sucks.
It's poorly written, shallow, restricting and dangerous.
Click to expand...

Bad bills do not make good law.
 
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