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A 4326

Establishes the crime of failure to retreat

2025 Regular Session Introduced by Joe Angelino and 3 co-sponsors

Bill Summary: A 4326 - Establishes the Crime of Failure to Retreat SummaryThis bill, titled "Establishes the crime of failure to retreat", aims to create a new criminal offense for

REFERRED TO CODES
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Bill Summary · A 4326

Bill Summary: A 4326 - Establishes the Crime of Failure to Retreat

Summary

This bill, titled "Establishes the crime of failure to retreat", aims to create a new criminal offense for individuals who fail to retreat from a confrontational situation before using force, including deadly force, in self-defense.

Key Provisions

  • Establishes a new criminal charge of "failure to retreat" for situations where an individual does not attempt to safely retreat from a confrontation before using force in self-defense.
  • Requires individuals to make a reasonable effort to retreat or avoid the confrontation before using force, unless they are in their own home or place of business.
  • Allows for use of force, including deadly force, without a duty to retreat if the individual reasonably believes they are in imminent danger of death or serious bodily injury and cannot safely retreat.
  • Provides exceptions to the duty to retreat requirement, such as when the individual is in their own home or place of business, or when retreat is not safe or possible.
  • Outlines specific circumstances where the failure to retreat charge would apply, such as physical altercations, robberies, and other confrontational situations.
  • Defines the legal standards and evidence that would be considered in determining whether an individual had a duty to retreat.

Potential Impact

  • If enacted, this bill would establish new legal requirements and criminal penalties for individuals who use force in self-defense without first attempting to safely retreat from a confrontation.
  • It could impact how self-defense cases are evaluated in the criminal justice system, potentially leading to more prosecutions for individuals who use force but are deemed to have had an opportunity to retreat.
  • Proponents argue it would incentivize de-escalation and reduce unnecessary violence, while critics contend it could unfairly criminalize justified self-defense actions.
  • The bill has been introduced in previous legislative sessions and is currently referred to the Codes Committee for further consideration.

Compiled from official sources — confirm details with the bill’s official record.

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