Lipsey (Running for Attorney General)
Mary Waters voted yes on 5142, no on the rest.
From the Lansing State Journal.
The state House passed bills Tuesday that supporters said would strengthen and clarify self-defense rights in Michigan.
A key provision in the legislation is a presumption that someone who forcibly enters a home or a vehicle intends to harm the occupant. The legislation also would eliminate a requirement that people being attacked must retreat before responding with deadly force.
The bills would allow people who feel threatened, in their homes or in a public area under certain circumstances, to defend themselves and use deadly force without facing criminal or civil liability. The law would cover only people who are not committing crimes and are in a place in which they legally have a right to be.
And from SAFR's email.
FOR IMMEDIATE RELEASE
April 25, 2006
Jones seeks to assure victims' rights to self-defense during attack
Law-abiding Michigan residents who actually and reasonably believe
they are facing imminent death, great bodily harm or rape at the
hands of a violent criminal are justified in using force to defend
themselves and their families. They are no longer required to retreat
from a violent attacker in their own home under a package of bills
sponsored and spearheaded by state Rep. Rick Jones. The measures were
approved today by the Michigan House of Representatives.
One of Michigan's most basic values is that a person's home is their
castle,. said Jones, R-Grand Ledge. .This legislation makes it clear
that not only do you have the right to stand your ground and defend
yourself, but you will not be prosecuted or sued for defending
yourself or your family in your own home..
The 'castle doctrine' is enshrined as a sacred right in English
common law. It holds if you're wrongfully threatened or attacked in
your home, you may meet force with force.
One inspiration for this law is the historical account of Dr. Ossian
Sweet's 1925 trial for defending his home against the Ku Klux Klan in
Michigan,. Jones said. His attorney, Clarence Darrow, successfully
used the castle doctrine to defend Dr. Sweet from prosecution for
House Bills 5142-43 eliminates the duty of law-abiding citizens to
retreat in a home or occupied vehicle and establishes a presumption
that a criminal who forcibly enters intends to cause death, great
bodily harm, or rape. House Bill 5548 would amend current law to make
anyone who lawfully defends themselves immune from civil liability.
House Bill 5153 creates immunity from criminal prosecution.
This will prevent criminals or their families from suing victims for
injury or death, Jones said. It's common sense and good law.
Jones says this law is necessary to protect the law-abiding.
As a former sheriff, I can tell you there are times when action needs
to be taken before it is physically possible for law enforcement to
get there, Jones said. This will give the average resident in
Michigan the confidence to know that they can act to defend their
life and their family without threat of a lawsuit or criminal
The provisions of the legislation do not cover persons engaging in
The vote for most of them was 91-15. The YEAS and NAYS will be posted here once HJ38 from MichiganLegislature.org is published.